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SELECT CHARTERS 

AND OTHER DOCUMENTS 



ILLUSTRATIVE OF 



AMERICAN HISTORY 

1606- 1775 



EDITED WITH NOTES 
BY 

WILLIAM ' MACDONALD 

PROFESSOR OF HISTORY AND POLITICAL SCIENCE IN BOWDOIN COLLEGE 

EDITOR OF "SELECT DOCUMENTS ILLUSTRATIVE OF THE HISTORY 

OF THE UNITED STATES, I776-1861 " 



THE MACMILLAN COMPANY 

LONDON: MACMILLAN & CO., LTD. 
1899 

All rtgJits reserved 



,/"''. 



V: 







45212 

Copyright, iSgg, 



By the MACMILLAN COMPANY. 



TV^O COPIES RECEIVED. 










NortooDli 53rcss 

J. S. Gushing & Co. — Berwick & Smith 
Norwood Mass. U.S.A. 






SELECT CHARTERS AND OTHER 
DOCUMENTS 



ILLUSTRATIVE OF 



AMERICAN HISTORY 

1 606-1 775 



ptr^ 



PREFACE 



The present work forms a companion volume to my " Select 
Documents illustrative of the History of the United States, 1776- 
1861," and follows, in the main, the general method and arrange- 
ment of the earUer work. The aim has been to bring together, 
in a form suitable for class-room use, the chief constitutional and 
legal documents of the American colonial period commonly dwelt 
upon in systematic general courses of instruction. The list will 
be found to contain, among other pieces, the significant portions 
of the most important colonial charters, grants, and frames of 
government, and the acts of Parliament most directly affecting the 
American colonies. The statutes and state papers of the period 
immediately preceding the Revolution have not, so far as I know, 
been readily available hitherto for students who did not have 
access to large libraries. It has not been possible, however, con- 
sistently with the plan and scope of the volume, to deal as fully 
and satisfactorily with the half century from 1700 to 1750 as with 
the years preceding and following those dates ; and the meagre 
treatment of this "neglected period" by historians, small and 
great, is, to some degree, reflected here. 

In reprinting the texts, I have written out the obsolete contrac- 
tions wherever they occurred, and have disregarded the ancient 
use of / and j, n and v, and long s. Corrections of a few obvious 
errors and misprints in the originals have been noted in brackets. 
Omissions and contractions incident to condensation are indicated 
by the usual signs. 

While it has not seemed proper so to abridge the charters as 
to destroy their essentially formal character, certain provisions 
common to nearly all of them have been, as a rule, omitted. 

V 



vi PREFACE 

'v 

Such are the sections relating to the tenureof land, nominal pay- 
ments to king or proprietor, the right to make local laws and 
ordinances not repugnant to the laws of England, the right of 
waging offensive and defensive war, etc. These provisions, taking 
form, for the most part, in the three charters of Virginia, I have 
thought it unnecessary to repeat on their later recurrence, save in 
the case of some substantial change in the power granted. 

I have to acknowledge my indebtedness to Messrs. Charles 
Scribner's Sons for permission to reprint, from William Wirt 
Henry's " Life, Correspondence, and Speeches of Patrick Henry," 
the Virginia resolutions of 1773 ; and to the Hon. Josiah Quincy 
of Boston, and Messrs. Little, Brown & Co., for permission to use 
the. text of the writ of assistance in Quincy's " Massachusetts 
Reports." Edward. McCrady, Esq., of Charleston, S.C., kindly 
cleared up for me some points in connection with Locke's 
"Fundamental Constitutions." To Mr. William Coolidge Lane 
and Mr. Thomas J. Kiernan of the Harvard University Library, 
Mr. C. B. Tillinghast of the Massachusetts State Library, and 
Mr. George T. Little of the Bowdoin College Library, I am under 
obligations for special privileges in the use of the collections under 
their care. 



WILLIAM MACDONALD. 



Brunswick, Maine, 
October, 1899. 



Contents 



NUMBER 



3- 
4- 
5- 
6. 

7- 
9- 

— lO. 

II. 

— 12. 

13- 

»5- 
1 6. 

17- 

i8. 
19. 
20. 
21. 

22. 

^<C24. 

25- 
— 26. 
--27. 



635 



1. » First Charter of Virginia. April 10/20, 1606 

2. ' Second Charter of Virginia. May 23 /June 2, 1609 

• Third Charter of Virginia. March 12/22, 1611/12 
'Patent of the Council for New England. Nov. 3/13, 1620 

• Mayflower Compact. Nov. I1/21, 1620 
.Ordinance for Virginia. July 24/ Aug. 3, 1621 
•Grant of Maine to Gorges and Mason. Aug. 10/20, 1622 
•First Charter of Massachusetts. March 4/14, 1628/9 • 
•Charter of Privileges to Patroons. June 7/17, 1629 
' Grant of New Hampshire. Nov. 7/17,1629 
. Plymouth Patent. Jan. 13/23,1629/30 
' Charter of Maryland. June 20/30, 1632 

• Grant of New Hampshire and Massonia. April 22/ May 2, i( 
^ Fundamental Orders of Connecticut. Jan. 14/24,1638/9 

Grant of the Province of Maine. April 3/13, 1639 
Fundamental Articles of New Haven. June 4/14, 1639 

• Massachusetts Body of Liberties. December, 1641 
•Patent of Providence Plantations. March 14/24, 1643 

■ New England Confederation. May 19/29, 1643 . 

■ Government of New Haven. Oct. 27/Nov. 6, 1643 

• Maryland Toleration Act. April, 1649 . 
Navigation Act. Oct. 9/19, 1651 
First Navigation Act. 1660 .... 

• Charter of Connecticut. April 23 /May 3, 1662 
Explanatory Navigation Act. 1662 
First Charter of Carolina. March 24/April 3, 1662/3 . 

•Charter of Rhode Island and Providence Plantations. July 8/iJ 

1663 

vii 



PAGE 

I 

II 

17 

23 

34 
36 
37 
43 
50 
51 
53 
59 
60 

65 
67 
72 
91 
94 

lOI 

104 
106 
no 

116 
119 

120 

125 



N 



viii CONTENTS 

NUMBER 

^28. Second Navigation Act. 1663 .... 

29. 'Grant to the Duke of York. March 12/22, 1663/4 

30. 'Grant of New Jersey to Berkeley and Carteret. June 20/30, 

1664 

31. • New Jersey Concession and Agreement. Feb. 10/20, 1664/5 

32. • Second Charter of Carolina. June 30/ July 10, 1665 

^ 33. • Fundamental Constitutions of Carolina. March i/ii, 1669/70 
j Aif. Third Navigation Act. 1672 

35. ' Grant of New Jersey to Carteret. July 29/Aug. 8, 1674 

36. .Quintipartite Deed. July i/ii, 1676 

37. 'Concessions and Agreements of West New Jersey. March 3/13 

1676/7 

^8. • Charter of Pennsylvania. March 4/14, 1680/81 . . ■ . 

39. .Grant of East New Jersey. March 14/24, 1682/3 

40. • Frame of Government of Pennsylvania. April 25/May 5, 1682 

41. ' Pennsylvania and Delaware Frame. April 2/12, 1683 . 

42. ' Second Charter of Massachusetts. Oct. 7/17, 1691 

43. Navigation Act. April 10/20, 1696 

44. 'Pennsylvania Frame of Government. November, 1696 . 

45. Treaty of Ryswick. Sept. 10/20,1697 .... 

46. 'Pennsylvania Charter of Privileges. Oct. 28/Nov. 8, 1701 . 

47. Treaty of Utrecht. March 31 /April 11, 1 713 . . . 

48. -Explanatory Charter of Massachusetts. Aug. 26/Sept. 6, 1725 

49. -Charter of Georgia. June 9/20, 1732 , 

50. Molasses Act. May 17/28, 1733 . 

51. Treaty of Aix-la-Chapelle. Oct. 18, 1748 

52. Albany Plan of Union. July 10, 1754 , 

53. Writ of Assistance. Dec. 2, 1762 . 

54. Treaty of Paris. Feb. 10, 1763 

55. Royal Proclamation concerning America. Oct. 7, 1763 

56. Sugar Act. April 5, 1764 

57. Stamp Act. March 22, 1765 . 

58. Quartering Act. April, 1765 . 

59. Resolutions of the Stamp Act Congress. Oct 

60. Declaratory Act. March 18, 1766 



19, 1765 



CONTENTS 



IX 



6i. 

62. 

63- 
64. 

65- 
66. 
67. 
68. 
69. 
70. 

71- 
^ 72. 

73- 

75- 
76. 

77- 

78. 

79- 



Act suspending the New York Assembly. June 15, 1767 
Townshend Acts ........ 

Act establishing Customs Commissioners. June 29, 1767 
Revenue Act. June 29, 1767 .... 

Tea Act. July 2, 1767 

Massachusetts Circular Letter.' Feb. 11,1768 
Virginia Resolutions. May 16, 1769 
Virginia Resolutions. March 12, 1773 . 
Boston Port Act. March 31, 1774 
Massachusetts Government Act. May 20, 1774 
Administration of Justice Act. May 20, 1774 
Quartering Act. June 2, 1774 .... 
Declaration and Resolves of the First Continental 

Oct. 14, 1774 

The Association. Oct. 20, 1774 .... 
Lord North's Conciliatory Resolution. Feb. 27, 1775 
New England Restraining Act. March 30, 1775 . 
Declaration of the Causes and Necessity of Taking up A 

1775 

Petition to the King. July 8, 1775 

Report on Lord North's Conciliatory Resolution. July 

Proclamation of Rebellion. Aug. 23, 1775 . 

Act Prohibiting Trade and Intercourse with America. 

1775 



Congress. 



ms. July 



31, 1775 



Dec. 22, 



PAGE 

317 

320 
321 
322 
327 
330 

334 
336 
337 
343 
35' 
355 

356 
362 

367 
368 

374 
381 
385 
389 

391 



Select Charters and other Documents 

Illustrative of 

American History 



No. I. First Charter of Virginia 

-,M April 10/20, 1606 

The region included in the Virginia grant was claimed by Spain, but the 
close of the war between Spain and England, in 1604, left the latter free to 
extend the area of its occupation in America. Various plans for settlement 
and trade were brought forward soon after the return of Weymouth, in July, 
1605. A petition for a charter, signed by Sir Thomas Gates, Sir George Somers, 
Hakluyt, and others, was favorably considered by James I., and in April, 1606, 
the charter passed the seals. The first draft of the charter, accompanying 
the petition, was probably drawn by Sir John Popham, lord chief justice, 
but the final form was the work of Sir Edward Coke, attorney-general, and 
Sir John Dodderidge, solicitor-general. Royal orders and instructions for 
the government of the two colonies and the conduct of their affairs were 
issued Nov. 20/30 and Dec. 10/20, 1606. An ordinance and constitution of 
March 9/19, 1607, increased the membership of the council and enlarged its^ 
authority. 

References. — Text in Stith's History of Virginia (Sabin's ed., 1865), 
Appendix I. Invaluable documentary material for the early history of Virginia, 
to 1 61 6, is set forth in Brown's Genesis of the Utiited States ; see also the same 
author's First Republic in America, I-71. Important contemporary accounts 
are: John Smith's A True Relation (Deane's ed., 1866, with notes), and 
General Historic (Arber's reprint) ; Wingfield's A Discourse of Virginia 
(Deane's ed., with notes, in Archaologia Americana, IV., 67-163); and A 
True Declaration of the Estate of the Colonie in Virginia (in Force's Tracts, 
III.). See further: Neill's Virginia Company ; Sainsbury's Calendar of 
State Papers, Colonial, I.; Doydejg Virginia, 134-242. 



I. JAMES, by the Grace" of God, King of England, Scotland, 
France, and Ireland, Defender of the Faith, &c. Whereas our 
loving and well-disposed Subjects, Sir Thomas Gates, and Sir 



2 FIRST CHARTER OF VIRGINIA [April 10/20 

George Somers, Knights, Richard Hackluit, Clerk, Prebendary of 
Westminster, and Edward-Maria Wingfield, Thomas Hanham, 
and Ralegh Gilbert, Esqrs. William Parker, and George Pophain, 
Gentlemen, and divers others of our loving Subjects, have been 
humble Suitors unto us, that We would vouchsafe unto them our 
Licence, to make Habitation, Plantation, and to deduce a Colony 
of sundry of our People into that Part of A77ierica, commonly 
called Virginia, and other Parts and Territories in America, either 
appertaining unto us, or which are not now actually possessed by 
any Christian Prince or People, situate, lying, and being all along 
the Sea Coasts, between four and thirty Degrees of Northerly 
Latitude from the Equinoctial Line, and five and forty Degrees 
of the same Latitude, and in the main Land between the same 
four and thirty and five and forty Degrees, and the Islands there- 
unto adjacent, or within one hundred Miles of the Coast thereof; 

II. And to that End, and for the more speedy Accomplish- 
ment of their said intended Plantation and Habitation there, 
are desirous to divide themselves into two several Colonies and 
Companies ; The one consisting of certain Knights, Gentlemen, 
Merchants, and other Adventurers, of our City of London and 
elsewhere, which are, and from time to time shall be, joined unto 
thera, which do desire to begin their Plantation and Habitation 
in some fit and convenient Place, between four and thirty and 
one and forty Degrees of the said Latitude, alongst the Coasts 
of Virginia and Coasts of America aforesaid ; And the other 
consisting of sundry Knights, Gentlemen, Merchants, and other 
Adventurers, of our Cities of Bristol and Exeter, and of our Town 
of Plimouth, and of other Places, which do join themselves unto 
that Colony, which do desire to begin their Plantation and Habi- 
tation in some fit and convenient Place, between eight and thirty 
Degrees and five and forty Degrees of the said Latitude, all 
alongst the said Coast of Virginia and America, as that Coast 
lyeth : 

III. We, greatly commending, and graciously accepting of, 
their Desires for the Furtherance of so noble a Work, which may, 
by the Providence of Almighty God, hereafter tend to the Glory 
of his Divine Majesty, in propagating of Christian Religion to 
such People, as yet live in Darkness and miserable Ignorance of 
the true Knowledge and Worship of God, and may in time bring 
the Infidels and Savages, living in those Parts, to human Civility, 



i6o6] FIRST CHARTER OF VIRGINIA 3 

and to a settled and quiet Government ; DO, by these our Letters 
Patents, graciously accept of, and agree to, their humble and well- 
intended Desires ; \/ 

IV. And do therefore, "for Us, our Heirs, and Successors, 
GRANT and agree, that the said Sir Thomas Gates, Sir George 
Soiners, Richard Hackluit, and Edward-Maria Wijigfteid, Ad- 
venturers of and for our City of London, and all such others, as 
are, or shall be, joined unto them of that Colony, shall be called 
\\i& first Colony; And they shall and may begin their said first 
Plantation and Habitation, at any Place upon the said Coast of 
Virginia or America, y/heie they shall think fit and convenient, 
between the said f^tir and thirty and one and forty Degrees of the 
said Latitude ;/J\nd that they shall have all the^ands. Woods, 
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, 
Waters, Fishings, Commodities, and Hereditaments, whatsoever,/^ 
from the said first Seat of their Plantation and Habitation by the 
Space of fifty Miles of English Statute Measure, all along the said 
Coast of Virginia and America, towards the West'dSiA Sout/noest, 
as the Coast lyeth, with all the Islands within one hundred Miles 
directly over against the same Sea Coast; And also all the Lands, 
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, 
Waters, Marshes, Fishings, Commodities, and Hereditaments, 
whatsoever, from the said Place of their first Plantation and Habi- 
tation for the space of fifty like English Miles, all alongst the 
said Coast of Virginia and America, towards the Eastdiwd North- 
east, or towards the North, as the Coast lyeth, together with all 
the Islands within one hundred Miles, directly over against the 
said Sea Coast; And also all the Lands, Woods, Soil, Grounds, 
Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fish- 
ings, Commodities, and Hereditaments, whatsoever, from the 
same fifty Miles every way on the Sea Coast, directly into the 
main Land by the Space of one hundred like English Miles; And 
shall and may inhabit and remain there; and shall and may also 
build and fortify within any the same, for their better Safeguard 
and Defence, according to their best Discretion, and the Discre- 
tion of the Council of that Colony; And that no other of our 
Subjects shall be permitted, or suffered, to plant or inhabit be- 
hind, or on the Backside of them, towards the main Land, without 
the Express Licence or Consent of the Council of that Colony, 
thereunto in Writing first had and obtained. 



4 FIRST CHARTER OF VIRGINIA [April 10/20 

V. And we do likewise, for Us, our Heirs, and Successors, by 
these Presents, Grant and agree, that the said Thomas Hanham, 
and Ralegh Gilbert, William Parker, and George Popham, and all 
others of the Town of Plijuoitth in the County of Devon, or else- 
where, which are, or shall be, joined unto them of that Colony, 
shall be called the second Colony ; And that they shall and may 
begin their said Plantation and Seat of their first Abode and 
Habitation, at any Place upon the said Coast of Virginia and 
America, where they shall think fit and convenient, between eight 
and thirty Degrees of the said Latitude, and five and forty Degrees 
of the same Latitude; And that they shall have all the Lands, 
Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, 
Marshes, Waters, Fishings, Commodities, and Hereditaments, 
whatsoever, from the first Seat of their Plantation and Habitation 
by the Space of fifty like English Miles, as is aforesaid, all alongst 
the said Coast of Virginia and America, towards the West and 
Southwest, or towards the South, as the Coast lyeth, and all the 
Islands within one hundred Miles, directly over against the said 
Sea Coast; And also all the Lands, Soils, Grounds, Havens, 
Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fish- 
ings, Commodities, and Hereditaments, whatsoever, from the 
said Place of their first Plantation and Habitation for the Space 
of fifty like Miles, all alongst the said Coast of Virginia and 
America, towards the East and Northeast, or towards the North, 
as the Coast lyeth, and all the Islands also within one hundred 
Miles directly over against the same Sea Coast; And also all the 
Lands, Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, 
Minerals, Marshes, Waters, Fishings, Commodities, and Heredita- 
ments, whatsoever, from the same fifty Miles every way on the 
Sea Coast, directly into the main Land, by the Space of one hun- 
dred like English Miles; And shall and may inhabit and remain 
there; and shall and may also build and fortify within any the 
same for their better Safeguard, according to their best Discre- 
tion, and the Discretion of the Council of that Colony; And that 
none of our Subjects shall be permitted, or suffered, to plant or 
inhabit behind, or on the back of them, towards the main Land, 
without the express Licence of the Council of that Colony, in 
Writing thereunto first had and obtained. 

VL Provided always, and our Will and Pleasure herein is, 
that the Plantation and Habitation of such of the said Coldnies, 



i6o6] FIRST CHARTER OF VIRGINIA 5 

as shall last plant themselves, as aforesaid, shall not be made 
within one hundred like English Miles of the other of them, that 
first began to make their Plantation, as aforesaid. 

VII. And we do also ordain, establish, and agree, for Us, our 
Heirs, and Successors, that each of the said Colonies shall have 
a Council, which shall govern and order all Matters and Causes, 
which shall arise, grow, or happen, to or within the same several 
Colonies, according to such Laws, Ordinances, and Instructions, 
as shall be, in that behalf, given and signed with Our Hand or 
Sign Manual, and pass under the Privy Seal of our Realm of 
England ; Each of which Councils shall consist of thirteen Per- 
sons, to be ordained, made, and removed, from time to time, 
according as shall be directed and comprised in the same instruc- 
tions; And shall have a several Seal, for all Matters that shall 
pass or concern the same several Councils; Each of which Seals 
shall have the King's Arms engraven on the one Side thereof, 
and his Portraiture on the other; And that the Seal for the Coun- 
cil of the said first Colony shall have engraven round about, on 
the one Side, these Words; Sigilliini Regis Magna; Bnian?iice, 
Erancice, &= Hibernics ; on the other Side this Inscription, round 
about; Pj-o Concilio pri/nce Colonics. Virginice. And the Seal for 
the Council of the said second Colony shall also have engraven, 
round about the one Side thereof, the aforesaid Words; Sigillum 
Regis Magnce, Britannice, Erancice, 6^ Hibei-nicE ; and on the 
other Side ; Pro Conciap(secundce Colonice Virginicz : 

VIII. And that alsoM:here shall be a Council established here 
in England, which shall, in like Manner, consist of thirteen 
Persons, to be, for that Purpose, appointed by Us, our Heirs and 
Successors, which shall be called our Coimcil of Virginia ; And 
shall, from time to time, have the superior Managing and Direc- 
tion, only of and for all Matters, that shall or may concern the 
Government, as well of the said several Colonies, as of and for 
any other Part or Place, within the aforesaid Precincts of four 
and thirty and five and forty Degrees, abovementioned; Which 
Council shall, in like manner, have a Seal, for Matters concern- 
ing the Council or Colonies, with the like Arms and Portraiture, 
as aforesaid, with this Inscription, engraven round about on 
the one Side ; Sigillum Regis Magncz Britannice, Erancice, (Sr* 
Hibernice ; and round about the other Side, Pro Concilio siio 
Virginice. 



^ 



6 FIRST CHARTER OF VIRGINIA [April 10/20 

IX. And moreover, we do Grant and agree, for Us, our Heirs 
and Successors, that the said several Councils, of and for the said 
several Colonies, shall and lawfully i>- /v, by Virtue hereof, from 
time to time, without any Interruption of Us, our Heirs or Suc- 
cessors, give and take Order, to dig, mine, and search for all 
Manner of Mines of Gold, Silver, and Copper, as well within 
any part of their said several Colonies, as for the said main Lands 
on the Backside of the same Colonies; And to Have and enjoy 
the Gold, Silver, and Copper, to be gotten thereof, to the Use 
and Behoof of the same Colonies, and the Plantations thereof; 
Yielding therefore, to Us, our Heirs and Successors, the fifth 
Part only of all the same Gold and Silver, and the fifteenth Part 
of all the same Copper, so to be gotten or had, as is aforesaid, 
without any other Manner of Profit or Account, to be given or 
yielded to Us, our Heirs, or Successors, for or in Respect of the 
same : / 

X. And that they shall, or, lawfully may, establish and cau^e 
to be made a Coin, to pass current there between the People of 
those several Colonies, for the more Ease of Trafhck and Bar- 
gaining between and amongst them and the Natives there, of 
such Metal, and in such Manner and Form, as the said several 
Councils there shall limit and appoint. 

XI. And we do likewise, for Us, our Heirs, and Successors, 
by these Presents, give full Power and Authority to the said Sir 
Thomas Gates, Sir George Somers, Richard Hackluit, Edward- 
Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William 
Parker, and George Popham, and to every of them, and to the 
said several Companies, Plantations, and Colonies, that they, 
d,nd every of them, shall and may, at all and every time and times 
hereafter, have, take, and lead in the said Voyage, and for and 
towards the said several Plantations and Colonies, and to travel 
thitherward, and to abide and inhabit there, in every the said 
Colonies and Plantations, such and so many of our Subjects, as 
shall willingly accompany them, or any of them, in the said 
Voyages and Plantations; With sufficient Shipping, and Furniture 
of Armour, Weapons, Ordinance, Powder, Victual, and all other 
things, necessary for the said Plantations, and for their Use and 
Defence there : Provided always, that none of the said Persons be 
such, as shall hereafter be specially restrained by Us, our Heirs, 
or Successors. 



i6o6] FIRST CHARTER OF VIRGINIA 7 

XII. Moreover, we do, by these Presents, for Us, our Heirs, 
and Successors, Give and grant Licence unto the said Sir Thomas 
Gates, Sir George Somers, Richard Hackluit, Eihvard-Maria 
Wingfii'ld, Thomas Hanham, Ralegh Gilbert, William Parker, 
and George Popham, and to every of the said Colonies, that they, 
and every of them, shall and may, from time to time, and at all 
times for ever hereafter, for their several Defences, encounter, 
expulse, repel, and resist, as well by Sea as by Land, by all Ways 
and Means whatsoever, all and every such Person and Persons, 
as without the especial Licence of the said several Colonies and 
Plantations, shall attempt to inhabit within the said several Pre- 
cincts and Limits of the said several Colonies and Plantations, 
or any of them, or that shall enterprise or attempt, at any time 
hereafter, the Hurt, Detriment, or Annoyance, of the said several 
Colonies or Plantations : 

XIL' Giving and granting, by these Presents, unto the said 
Sir 7"' .uas Gates, Sir Geoige Somers, Richard Hackluit, Edward- 
Maria Wiiigfield, and their Associates of the said first Colony, 
and unto the said Thomas Hanham, Ralegh Gilbert, William 
Parker, and George Popham, and their Associates of the said 
second Colony, and to every of them, from time to time, and at 
all times for ever hereafter, Power and Authority to take and 
surprise, by all Ways and Means whatsoever, all and every Person 
and Persons, with their Ships, Vessels, Goods and other Furni- 
ture, which shall be found trafficking, into any Harbour or 
Harbours, Creek or Creeks, or Place, within the Limits or Pre- 
cincts of the said several Colonies and Plantations, not being of 
the same Colony, until such time, as they, being of any Realms 
or Dominions under our Obedience, shall pay, or agree to pay, 
to the Hands of the Treasurer of that Colony, within whose 
Limits artd Precincts they shall so trafifick, two and a half upon 
evi'ry Hundred, of any thing, so by them trafificked, bought, or 
sold; And being Strangers, and not Subjects under our Obey- 
sar?ce, until they shall pay five upon every Hundred, of such 
Wares and Merchandises, as they shall trafifick, buy, or sell, 
within the Precincts of the said several Colonies, wherein they 
shall so trafifick, buy, or sell, as aforesaid ; Which Sums of Money, 
or Benefit, as aforesaid, for and during the Space of one and 
twenty Years, next ensuing the Date hereof, shall be wholly em- 
ploied to the Use, Benefit, and Behoof of the said several Plan- 



8 FIRST CHARTER OF VIRGINIA [April 10/20 

tations, where such Traffick shall be mro. ; And after the said 
one and twenty Years ended, the same shall be taken to the Use 
of Us, our Heirs, and Successors, by such OfiEicers and MiniLr-^rc,! 
as by Us, our Heirs, and Successors, shall be thereunto assigned] 
or appointed. 

XIV. And we do further, by these Present?, for Us, our Heirs, 
and Successors, Give and grant unto the said Sir Thomas Gates, 
Sir George Soiners, Richard Hackluit, dSiA Edward- Maria Win-A- 
field, and to their Associates of the said first Colony and Planta- 
tion, and to the said Thomas Hanhain, Ralegh Gilbert, William 
Parker, and George Popham, and their Associates of the said 
second Colony and Plantation, that they, and every of them, by 
their Deputies, Ministers, and Factors, may transport the Goods, 
Chattels, Armour, Munition, and Furniture, needful to be used 
by them, for their said Apparel, Food, Defence, or otherwise in 
Respect of the said Plantations, out of our Realms of England 
and Ireland, and all other our Dominions, from time ■■'■n, time, 
for and during the Time of seven Years, next ensuing the ^ai^ 
hereof, for the better Relief of the said sev; -Colonies and 
Plantations, without any Custom, Subsidy, or f; ler Uuty, unt^ 
Us, our Heirs, or Successors, to be yielded c Daid for ' 
same. Ja^ 

XV. Also we do, for Us, our Heirs, and Succ 
by these Presents, that all and every the I'ersons 
jects, which shall dwell and inhabit within evt 
said several Colonies and Plantations, and every d 
which shall happen to be born within any of the ; 
cincts of the said several Colonies and Plantat 

and enjoy all Liberties, Franchises, and Immuni; ,y 

of our other Dominions, to all Intents and Purposes, as if -they 
had been abiding and born, within this our Real; 1 of Ejjgla.^, 
or any other of our said Dominions. ^ 

XVI. Moreover, our gracious Will and Pleas. ^ ■■- -^'^'1 we 
do, by these Presents, for Us, our Heirs, and Succ are 
and set forth, that if any Person or Persons, whic t of 
any of the said Colonies and Plantations, or any ., which 
shall trafifick to the said Colonies and Plantations, or j of them, 
shall, at any time or times hereafter, transport any Yares, Mer- 
chandises, or Commodities, out of any our Dominions, with a 
Pretence to land, sell, or otherwise dispose of the same, within 



i6o6] FIRST CHARTER OF VIRGINIA 9 

any the Limits sjiI' Precincts of any the said Colonies and Plan- 
tations, and yet nevertheless, being at Sea, or after he hath landed 
■ ..e same within any of the said Colonies and Plantations, shall 
carry the same into any other Foreign Country, with a Purpose 
there to sell or dispose of the same, without the Licence of Us, 
our Heirs, and Successors, in that Behalf first had and obtained; 
That then, all the Goods and Chattels of such Person or Persons, 
so offending and transporting, together with the said Ship or 
Vessel, wherein such Transportation was made, shall be forfeited 
to Us, our Heirs, and Successors. 

XVn. Provided always, and our Will and Pleasure is, and we 

do hereby declare to all Christian Kings, Princes, and States, 

that if any Person or Persons, which shall hereafter be of any of 

the said several Colonies and Plantations, or any other, by his, 

their or any of their Licence and Appointment, shall, at any time 

or times hereafter, rob or spoil, by Sea or by Land, or do any 

Act of unjust and unlawful Hostility, to any the Subjects of Us, 

our Hei -s, or Successors, or any the Subjects of any King, Prince, 

Ruler, Gc nor, or State, being then in League or Amity with 

Us, our H s, or Successors, and that upon such Injury, or upon 

just Comr int of such Prince, Ruler, Governor, or State, or 

thf^- ts, We, our Heirs, or Successors, shall make open 

), within any of the Ports of our Realm of England, 

for that Purpose, That the said Person or Persons, 

lec nitted any such Robbery or Spoil, shall, within the 

V. , , limited by such Proclamations, make full Restitution 

on of all such Injuries done, so as the said Princes, 

io complaining, may hold themselves fully satisfied 

ed; And that, if the said Person or Persons, having 

committed such Robbery or Spoil, shall not make, or cause to 

be made,! Satisfaction accordingly, within such Time so to be 

limited, '^nat then it shall be lawful to Us, our Heirs, and Suc- 

rc.^-"-- -~_j put the said Person or Persons, having committed 

ery or Spoil, and their Procurers, Abetters, or Com- 

vt of our Allegiance and Protection; And that it shall 

be L. and free, for all Princes and others, to pursue with 

Hostili the said Offenders, and every of them, and their and 

every ( their Procurers, Aiders, Abetters, and Comforters, in 

that Behalf. 

XVIII. And finally, we do, for Us, our Heirs, and Successors, 



10 FIRST CHARTER OF VIRGINIA [April 10/20 

Grant and agree, to and with the said Sir Thomas Gates, Sir 
George Somers, Richard Hackluit, 2Si^ Edward- Maria Wingfield, 
and all others of the said first Colony, that We, our Heirs, and 
Successors, upon Petition in that Behalf to be made, shall, by 
Letters-patent under the Great Seal of England, Give and Grant 
unto such Persons, their Heirs, and Assigns, as the Council of 
that Colony, or the most Part of them, shall, for that Purpose 
nominate and assign, all the Lands, Tenements, and Heredita- 
ments, which shall be within the Precincts limited for that Colony, 
as is aforesaid. To be holden of Us, our Heirs, and Successors, 
as of our Manor at East- Greenwich in the County of Kent, in 
free and common Soccage only, and not in Capite : 

XIX. And do, in like Manner, Grant and Agree, for Us, our 
Heirs, and Successors, to and with the said Thomas Hanham, 
Ralegh Gilbert, William Parker, and Geojge Popham, and all 
others of the said second Colony, That We, our Heirs, and Suc- 
cessors, upon Petition in that Behalf to be made, shall, by Letters- 
patent under the Great Seal of England, Give and Grant unto 
such Persons, their Heirs, and Assigns, as the Council of that 
Colony, or the most Part of them, shall, for that Purpose, nomi- 
nate and assign, all the Lands, Tenements, and Hereditaments, 
which shall be within the Precincts limited for that Colony, as is 
aforesaid, To be holden of Us, our Heirs, and Successors, as of 
our Manour of East- Greenwich in the County of Kent, in free 
and common Soccage only, and not in Capite. 

XX. All which Lands, Tenements, and Hereditaments, so to 
be passed by the said several Letters-patent, shall be sufficient 
Assurance from the said Patentees, so distributed and divided 
amongst the Undertakers for the Plantation of the said several 
Colonies, and such as shall make their Plantations in either of 
the said several Colonies, in such Manner and Form, and for such 
Estates, as shall be ordered and set down by the Council of the 
said Colony, or the most Part of them, respectively, within which 
the same Lands, Tenements, and Hereditaments shall lye or be; 
Although express Mention of the true yearly Value or Certainty of 
the Premises, or any of them, or of any other Gifts or Grants, by 
Us or any of our Progenitors or Predecessors, to the aforesaid Sir 

Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, 
Edward-Maria Wingfield, Thomas Hanham, Raleigh Gilbert, 

William Parker, and George Popham, or any of them, heretofore 



i6o6] SECOND CHARTER OF VIRGINIA II 

made, in these Presents, is not made; Or any Statute, Act, 
Ordinance, or Provision, Proclamation, or Restraint, to tlie con- 
trary hereof had, made, ordained, o'r any other Thing, Cause, or 
Matter whatsoever, in any wise notwithstanding. . . . 



No. 2. Second Charter of Virginia 

May 23/June 2, 1609 

In January, 1609, Newport returned from Virginia, bringing various papers 
setting forth the condition of the colony. The first charter, in itself essentially 
experimental, had already proved defective; and this, together with the dis- 
couraging outlook for the Company, led to an application for a new charter, 
with larger and more specific privileges. The first drafts of both the second 
and the third charters, annexed to the petitions, were probably drawn by Sir 
Edwin Sandys, but the final form in each case was the work of Sir Henry 
Hobart, attorney-general, and Sir Francis Bacon, solicitor-general. With the 
second charter the connection between the Plymouth Company and the London 
Company ceased, and the latter became a separate corporate body. 

References. — Text in Stith's History of Virginia (Sabin's ed., 1865), 
Appendix II. See Brown's First Republic in America, 73-165, and authori- 
ties under No. i. 

[The charter begins with a recital of the grant of 1606, and 
continues:] 

II. Now, forasmuch as divers and sundry of our loving Sub- 
jects, as well Adventiirers, as Planters, of the said first Colony, 
which have already engaged themselves in furthering the Business 
of the said Colony and Plantation, and do further intend, by the 
Assistance of Almighty God, to prosecute the same to a happy 
End, have of late been humble Suitors unto Us, that (in Respect 
of their great Charges and the Adventure of many of their Lives, 
which they have hazarded in the said Discovery and Plantation 
of the said Country) We would be pleased to grant them a further 
Enlargement and Explanation of the said Grant, Privileges, and 
Liberties, and that such Counsellors, and other Officers, may be 
appointed amongst them, to manage and direct their affairs, as are 
willing and ready to adventure with them, as also whose Dwellings 
are not so far remote from the City of London, but that they 
may, at convenient Times, be ready at Hand, to give their 
Advice and Assistance, upon all Occasions requisite. 

III. We, greatly affecting the effectual Prosecution and happy 



12 SECOND CHARTER OF VIRGINIA [May 23/ June 2 

Success of the said Plantation, and commending their good De- 
sires therein, for their further Encouragement in accomplishing 
so excellent a Work, much pleasing to God, and profitable to our 
Kingdom, Do . . . Give, Grant, and Confirm, to our trusty and 
well-beloved Subjects, Robert, Earl of Salisbury . . . [and others*] 
. . . ; And to such, and so many, as they do, or shall hereafter, 
admit to be joined with them, in Form hereafter in these Presents 
expressed, whether they go in their Persons, to be Planters there 
in the said Plantation, or whether they go not, but adventure their 
Monies, Goods, or Chattels ; That they shall be one Body or 
Commonalty perpetual, and shall have perpetual Succession, and 
one common Seal, to serve for the said Body or Commonalty; 
And that they, and their Successors, shall be known, called, and 
incorporated by the Name of. The Treasurer and Company of 
Adventurers and Plantei's of the City of London for the first Colony 
in Virginia : 

IV. And that they, and their Successors, shall be, from hence- 
forth, for ever enabled to take, acquire, and purchase, by the 
Name aforesaid (Licence for the same, from Us, our Heirs or 
Successors, first had and obtained) any Manner of Lands, Tene- 
ments, and Hereditaments, Goods, and Chattels, within our 
Realm of England, and Dominion of Wales : 

V. And that they, and their Successors, shall likewise be 
enabled, by the Name aforesaid, to plead, and be impleaded, 
before any of our Judges or Justices, in any of our Courts, and 
in any Actions or Suits whatsoever. 

VI. And we do also . . . give, grant and confirm, unto the said 
Treasurer and Company, and their Successors, under the Reserva- 
tions, Limitations, and Declarations, hereafter expressed, all 
those Lands, Countries, and Territories, situate, lying, and being, 
in that Part of America called Virginia, from the Point of Land, 
called Cape or Point Comfort, all along the Sea Coast, to the 
Northward two hundred Miles, and from the said Point of Cape 
Comfort, all along the Sea Coast, to the Southwai-d two hundred 
Miles, and all that Space and Circuit of Land, lying from the Sea 
Coast of the Precinct aforesaid, up into the Land, throughout 

* " The incorporators of this charter were 56 city companies of London and 659 
persons; of whom 21 were peers, 96 knights, 11 doctors, ministers, etc., 53 captains, 
28 esquires, 58 gentlemen, 110 merchants, and 282 citizens and others not classi- 
fied." Brown's Genesis of the United States, I., 228, note i. The list of incorpo- 
rators is given in full by Brown. 



i6o9] SECOND CHARTER OF VIRGINIA 1 3 

from Sea to Sea, West, and Northwest; And also all the Islands, 
lying within one hundred Miles, along the Coast of both Seas of 
the Precinct aforesaid; . . . 

VII. And nevertheless, our Will and Pleasure is, and we do, 
by these Presents^ charge, command, warrant, and authorise, 
that the said Treasurer and Company, or their Successors, or the 
major Part of them, which shall be present and assembled for 
that Purpose, shall, from time to time, under their Common Seal, 
Distribute, convey, assign, and set over, such particular Por- 
tions of Lands, Tenements, and Hereditaments, by these Presents, 
formerly granted, unto such our loving Subjects, naturally born, 
or Denizens, or others, as well Adventurers as Planters, as by the 
said Company (upon a Commission of Survey and Distribution, 
executed and returned for that Purpose), shall be nominated, 
appointed, and allowed; Wherein our Will and Pleasure is, that 
Respect be had, as well of the Proportion of the Adventurer, as 
to the special Service, Hazard, Exploit, or Merit of any Person, 
so to be recompenced, advanced, or rewarded. 

VIII. And forasmuch, as the good and prosperous Success of 
the said Plantation cannot but chiefly depend, next under the 
Blessing of God, and the Support of our Royal Authority, upon 
the provident and good Direction of the whole Enterprize, by a 
careful and understanding Council, and that it is not convenient, 
that all the Adventurers shall be so often drawn to meet and 
assemble, as shall be requisite for them to have Meetings and 
Conference about the Affairs thereof; Therefore we DO ORDAIN, 
establish, and confirm, that there shall be perpetually one Council 
here resident, according to the Tenour of our former Letters- 
patents; Which Council shall have a Seal, for the better Govern- 
ment and Administration of the said Plantation, besides the legal 
Seal of the Company or Corporation, as in our former Letters- 
patents is also expressed. 

[Section IX. names the members of the council.] 
X. And the said Sir Thomas Smith we do ORDAIN to be 
Treasurer of the said Company; which Treasurer s]aall have 
Authority to give Order, for the Warning of the Council, and 
summoning the Company, to their Courts and Meetings. 

XL And the said Council and Treasurer, or any of them, shall 
be from henceforth, nominated, chosen, continued, displaced, 
changed, altered, and supplied, as Death, or other several Occa- 



14 SECOND CHARTER OF VIRGINIA [May 23/ June 2 

sions, shall require, out of the Company of the said Adventurers, 
by the Voice of the greater Part of the said Company and Adven- 
turers, in their Assembly for that Purpose: Provided always. 
That every Counsellor, so newly elected, shall be presented to 
the Lord Chancellor of England, or to the Lord High Treasurer 
of England, or to the Lord Chamberlain of the Household of Us, 
our Heirs, and Successors, for the time being, to take his Oath 
of a Counsellor to Us, our Heirs, and Successors, for the said 
Company of Adventurers and Colony in Virginia. 

*********** 

XIH. And further ... we do, by these Presents, Give and 
Grant full Power and Authority to our said Council, here resi- 
dent, as well at this present Time, as hereafter from time to 
time, to nominate, make, constitute, ordain, and confirm, by 
such Name or Names, Stile or Stiles, as to them shall seem good. 
And likewise to revoke, discharge, change, and alter, as well all 
and singular Governors, Officers, and Ministers, which already 
have been made, as also which hereafter shall be by them thought 
fit and needful to be made or used, for the Government of the 
said Colony and Plantation : 

XIV. And also to make, ordain, and establish all Manner of 
Orders, Laws, Directions, Instructions, Forms, and Ceremonies 
of Government and Magistracy, fit and necessary, for and con- 
cerning the Government of the said Colony and Plantation; And 
the same, at all times hereafter, to abrogate, revoke, or change, 
not only within the Precincts of the said Colony, but also upon 
the Seas in going and coming, to and from the said Colony, as 
they, in their good Discretion, shall think to be fittest for the 
Good of the Adventurers and Inhabitants there. 

XVI, And we do further, by these Presents, Ordain and estab- 
lish, that the said Treasurer and Council here resident, and their 
Successors, or any four of them, being assembled (the Treasurer 
being one) shall, from time to time, have full Power and Author- 
ity, to admit and receive any other Person into their Company, 
Corporation, and Freedom; And further, in a General Assembly 
of the Adventurers, with the Consent of the greater Part, upon 
good Cause, to disfranchise and put out any Person or Persons, 
out of the said Freedom or Company. 



i6o9] SECOND CHARTER OF VIRGINIA I 5 

XIX. And for their further Encouragement . . . we do . . . 
Yield and Grant, to and with the said Treasurer and Company, 
and their Successors, and every of them, their Factors, and 
Assigns, that they, and every of them, shall be free of all Sub- 
sidies and Customs in Virgitiia, for the Space of one and twenty 
Years, and from all Taxfes and Impositions, for ever, upon any 
Goods or Merchandises, at any time or times hereafter, either 
upon Importation thither, or Exportation from thence, into our 
Realm of England, or into any other of our Realms or Dominions, 
by the said Treasurer and Company, and their Successors, their 
Deputies, Factors, or Assigns, or any of them : Except only the 
five Pounds per Cent, due for Custom, upon all such Goods and 
Merchandises, as shall be brought or imported into our Realm of 
England, or any other of these our Dominions, according to the 
ancient Trade of Merchants; Which five Pounds /(?r Cent, only 
being paid, it shall be thenceforth lawful and free for the said 
Adventurers, the same Goods and Merchandises to export, and 
carry out of our said Dominions, into foreign Parts, without any 
Custom, Tax, or other Duty, to be paid to us, our Heirs, or Suc- 
cessors, or to any other our Officers or Deputies : Provided, that 
the said Goods and Merchandises be shipped out, within thir- 
teen Months, after their first Landing within any Part of these 
Dominions. 

XXIII. And forasmuch, as it shall be necessary for all such 
our loving Subjects, as shall inhabit within the said Precincts of 
Virginia, aforesaid, to determine to live together, in the Fear 
and true Worship of Almighty God, Christian Peace, and civil 
Quietness, each with other, whereby every one may, with more 
Safety, Pleasure, and Profit, enjoy that, whereunto they shall 
attain with great Pain and Peril; We ... do give and grant 
unto the said Treasurer and Company, and their Successors, and 
to such Governors, Officers, and Ministers, as shall be, by our 
said Council, constituted and appointed, according to the Natures 
and Limits of their Offices and Places respectively, that they 
shall and may, from time to time for ever hereafter, within the 
said Precincts of Virginia, or in the way by Sea thither and from 
thence, have full and absolute Power and Authority, to correct, 
punish, pardon, govern, and rule, all such the Subjects of Us 
... as shall, from time to time, adventure themselves in any 



1 6 SECOND CHARTER OF VIRGINIA [May 23/ June 2 

Voyage thither, or that shall, at any time hereafter, inhabit in 
the Precincts and Territories of the said Colony, as aforesaid, 
according to such Orders, Ordinances, Constitutions, Directions, 
and Instructions, as by our said Council, as aforesaid, shall be 
established; And in Defect thereof, in case of Necessity, accord- 
ing to the good Discretions of the said Governor and Officers, 
respectively, as well in Cases capital and criminal as civil, both 
marine and other; So always, as the said Statutes, Ordinances, 
and Proceedings, as near as conveniently may be, be agreeable 
to the Laws, Statutes, Government, and Policy of this our Realm 
of England. 

XXIV. And we do further . . . grant, declare, and ordain, 
that such principal Governor, as, from time to time, shall duly 
and lawfully be authorised and appointed, in Manner and Form 
in these Presents heretofore expressed, shall have full Power and 
Authority, to use and exercise Martial Law, in Cases of Rebellion 
or Mutiny, in as large and ample Manner, as our Lieutenants in 
our Counties, within this our Realm of England, have, or ought 
to have, by Force of their Commissions of Lieutenancy. 

XXIX. And lastly, because the principal Effect, which we can 
desire or expect of this Action, is the Conversion and Reduction 
of the People in those Parts unto the true Worship of God and 
Christian Religion, in which Respect we should be loath, that 
any Person should be permitted to pass, that we suspected to 
affect the superstitions of the Church of Rome ; We do hereby 

^declare, that it is our Will and Pleasure, that none be permitted 
to pass in any Voyage, from time to time to be made into the 
said Country, but such, as first shall have taken the Oath of 
Supremacy; For which Purpose, we do, by these Presents, give 
full Power and Authority, to the Treasurer for the time being, 
and any three of the Council, to tender and exhibit the said Oath, 

v,to all such Persons, as shall at any time, be sent and employed 
in the said Voyage. . . . 



i6o9] THIRD CHARTER OF VIRGINIA 1 7 

No. 3. Third Charter of Virginia 

March 12/22, 1611/12 

The immediate reason for the third charter of Virginia was the desire to 
include within the hmits of the Company the Bermudas, or Somers Islands, 
respecting whose beauty, fertility, and wealth glowing reports had been re- 
ceived; but the failure of many subscribers to pay their subscriptions, and the 
consequent low state of the treasury, emphasized the need of stronger powers 
of control. The petition was probably granted before November, 1610; but 
the names of subscribers were obtained with difficulty, and it was March, 1612, 
before the charter passed the seals. The rights in the Bermudas were subse- 
quently sold by the Company to some of its own members, who, in 1614, 
obtained a charter as the Somers Islands Company. The Virginia charter of 
161 2 was annulled by writ of quo ivarranto in 1624. 

References. — Text in Stith's History of Virginia (Sabin's ed., 1865), 
Appendix III. Hening's Statutes at Large, I., gives the early laws of the 
colony. The royal proclamation of 1625 is in Hazard's Historical Collections, 
I., 203-205. See also : Proceedings of the Virginia Company, ibig-1624 (in 
Va. Hist. Soc, Collections, VH., VIII.) ; Brown's First Republic in America, 
165-648; and authorities under No. I. 

[The charter begins with a recital of the grant of 1609, and 
continues:] 

III. Now, forasmuch as we are given to understand, that in those 
Seas, adjoining to the said Coasts of Virginia, and without the 
Compass of those two hundred Miles, by Us so granted unto the 
said Treasurer and Company, as aforesaid, and yet not far distant 
from the said Colony in Virginia, there are, or may be, divers 
Islands, lying desolate and uninhabited, some of which are already 
made known and discovered, by the Industry, Travel, and Ex- 
pences of the said Company, and others also are supposed to be 
and remain, as yet, unknown and undiscovered, all and every of 
which it may import the said Colony, both in Safety and Policy 
of Trade, to populate and plant, in Regard whereof, as well for 
the preventing of Peril, as for the better Commodity and Pros- 
perity of the said Colony, they have been humble Suitors unto 
us, that we would be pleased to grant unto them an Enlargement 
of our said former Letters Patents, as well for a more ample 
Extent of their Limits and Territories into the Seas, adjoining 
to and upon the Coast of Virginia, as also for some other Matters 
and Articles, concerning the better Government of the said Com- 
pany and Colony, in which Point our said former Letters Patents 



1 8 THIRD CHARTER OF VIRGINIA [March 12/22 

do not extend so far, as Time and Experience hath found to be 
needful and convenient: 

IV. We therefore, tendering the good and happy Success of 
the said Plantation, both in Regard of the general Weal of human 
Society, as in Respect of the Good of our own Estate and King- 
doms, and being willing to give Furtherance unto all good Means, 
that may advance the Benefit of the said Company, and which 
may secure the Safety of our loving Subjects, planted in our said 
Colony under the Favour and Protection of God Almighty, and 
of our Royal Power and Authority . . ., do, by these Presents, 
Give, Grant, and Confirm to the said Treasurer and Company 
of Adventurers and Planters of the city of Lojidon for the first 
Colony in Virginia, and to their Heirs and Successors, for ever, 
all and singular those Islands whatsoever, situate and being in 
any Part of the Ocean Seas bordering upon the Coast of our said 
first Colony in Virginia, and being within three hundred Leagues 
of any of the Parts heretofore granted to the said Treasurer and 
Company, in our said former Letters Patents, as aforesaid, and be- 
ing within or between the one and fortieth and thirtieth Degrees 
of Northerly Latitude; . . . Provided always, that the said 
Islands, or any the Premises herein mentioned, or by these 
Presents intended or meant to be granted, be not actually pos- 
sessed or inhabited by any other Christian Prince or Estate, nor , 
be within the Bounds, Limits, or Territories of the Northei-n 
Colony, heretofore by Us granted to be planted by divers of our 
loving Subjects, in the North Parts of Virginia . . . 

* * * *.* * * * * * * 

VII. And We do hereby ordain and grant, by these Presents, 
that the said Treasurer and Company of Adventurers and Planters 
aforesaid, shall and may, once every Week, or oftener, at their 
Pleasure, hold and keep a Court and Assembly, for the better 
Order and Government of the said Plantation, and such things, 
as shall concern the same; And that any five Persons of our 
Council for the said first Colony in Virginia, for the time being, 
of which Company the Treasurer, or his Deputy, to be always 
one, and the Number of fifteen others, at the least, of the Gener- 
ality of the said Company, assembled together in such Manner, 
as is and hath been heretofore used and accustomed, shall be 
said, taken, held, and reputed to be, and shall be a sufficient 
Court of the said Company, for the handling, and ordering, and 



i6ii/i2] THIRD CHARTER OF VIRGINIA I9 

dispathcing [dispatching] of all such casual and particular Occur- 
rences, and accidental Matters, of less Consequence and Weight, 
as shall, from time to time, happen, touching and concerning the 
said Plantation : 

VIII. And that nevertheless, for the handling, ordering, and 
disposing of Matters and Affairs of greater Weight and Impor- 
tance, and such, as shall or may, in any Sort, concern the Weal 
Publick and general Good of the said Company and Plantation, 
as namely, the Manner of Government from time to time to be 
used, the Ordering and Disposing of the Lands and Possessions, 
and the Settling and Establishing of a Trade there, or such like, 
there shall be held and kept, every Year, upon the last IVednes- 
day, save one, of Hillary 1 erm, Easter, Trinity, and Michaelmas 
Terms, for ever, one great, general, and solemn Assembly, which 
four Assemblies shall be stiled and called. The four Great and 
General Comets of the Council and Company of Adventurers for 
Virginia ; In all and every of which said Great and General Courts, 
so assembled . . ., the said Treasurer and Company, or the greater 
Number of them, so assembled, shall and may have full Power 
and Authority, from time to time, and at all times hereafter, to 
elect and chuse discreet Persons, to be of our said Council for 
the said first Colony in Virginia, and to nominate and appoint 
such Officers, as they shall think fit and requisite, for the Govern- 
ment, Managing, Ordering, and Dispatching of the Affairs of the 
said Company; And shall likewise have full Power and Authority, 
to ordain and make such Laws and Ordinances, for the Good and 
Welfare of the said Plantation, as to them, from time to time, shall 
be thought requisite and meet : So always, as the same be not con- 
trary to the Laws and Statutes of this our Realm of England. . . . 
*********** 

XIV. And furthermore, whereas we have been certified, that 
divers lewd and ill-disposed Persons, both Sailers, Soldiers, Ar- 
tificers, Husbandmen, Labourers, and others, having received 
Wages, Apparel, and other Entertainment from the said Com- 
pany, or having contracted and agreed with the said Company, to 
go, or to serve, or to be employed in the said Plantation of the 
said first Colony in Virginia, have afterwards, either withdrawn, 
hid, or concealed themselves, or have refused to go thither, after 
they have been so entertained and agreed withal; And that 
divers and sundry Persons also, which have been sent and ena- 



20 THIRD CHARTER OF VIRGINIA [March 12/22 

ployed in the said Plantation of the said first Colony in Virginia, 
at and upon the Charge of the said Company, and having there 
misbehaved themselves by Mutinies, Sedition, or other notorious 
Misdemeanors, or having been employed or sent abroad, by the 
Governor of Virginia or his Deputy, with some Ship or Pinnace, 
for our Provision of the said Colony, or for some Discovery, or 
other Business and Affairs, concerning the same, have from thence 
most treacherously, either come back again and returned into our 
Realm of Eiigland, by Stealth, or without Licence of our Governor 
of our said Colony in Virginia for the time being, or have been 
sent hither, as Misdoers and Offenders; And that many also of 
those Persons, after their Return from thence, having been ques- 
tioned by our said Council here, for such their Misbehaviors and 
Offences, by their insolent and contemptuous Carriage in the 
Presence of our said Council, have shewed little Respect and 
Reverence, either to the Place, or Authority, in which we have 
placed and appointed them; And others, for the colouring of 
their Lewdness and Misdemeanors committed in Virginia, have 
endeavoured, by most vile and slanderous Reports, made and 
divulged, as well of the Country of Virginia, as also of the Gov- 
ernment and Estate of the said Plantation and Colony, as much as 
in them lay, to bring the said Voyage and Plantation into Dis- 
grace and Contempt; By Means whereof, not only the Adventurers 
and Planters, already engaged in the said Plantation, have been 
exceedingly abused and hindered, and a great Number of other 
our loving and well-disposed Subjects, otherwise well-affected, 
and inclined to join and adventure in so noble, christian, and 
worthy an Action, have been discouraged from the same, but 
also the utter Overthrow and Ruin of the said Enterprise hath 
been greatly endangered, which cannot miscarry without some 
Dishonour to Us and our Kingdom; 

XV. Now, forasmuch as it appeareth unto us, that these Inso- 
lences, Misdemeanors, and Abuses, not to be tolerated in any 
civil Government, have, for the most part, grown and proceeded, 
in regard our said Council have not any direct Power and Au- 
thority, by any express Words in our former Letters Patents, to 
correct and chastise such Offenders; We therefore, for more 
speedy Reformation of so great and enormous Abuses and Mis- 
demeanors, heretofore practised and committed, and for the pre- 
venting of the like hereafter, do . . . give and grant to the said 



i6ii/i2] THIRD CHARTER OF VIRGINIA 21 

Treasurer and Company, and their Successors for ever, that it 
shall and may be lawful for our said Council for the said first 
Colony in Virginia, or any two of them (whereof the said 
Treasurer, or his Deputy . . ., to be always one) by Warrant 
under their Hands, to send for, or to cause to be apprehended, 
all and every such Person and Persons, who shall be noted, or 
accused, or found, at any time or times hereafter, to offend, or 
misbehave themselves, in any the Offences before mentioned and 
expressed; And upon the Examination of any such Offender or 
Offenders, and just Proof made by Oath, taken before the said 
Council, of any such notorious Misdemeanors by them committed, 
as aforesaid; And also upon any insolent, and contemptuous, or 
indecent Carriage and Misbehaviour, to or against our said Coun- 
cil, shewed or used by any such Person or Persons, so called, 
convented, and appearing before them, as aforesaid; That in all 
such Cases, they, our said Council, or any two of them, for the 
time being, shall and may have full Power and Authority, either 
here to bind them over with good Sureties for their good Be- 
haviour, and further therein to proceed, to all Intents and Pur- 
poses, as it is used, in other like Cases, within our Realm of 
England ; Or else, at their Discretions, to remand and send back, 
the said Offenders, or any of them, unto the said Colony in Vir- 
ginia, there to be proceeded against and punished, as the Gov- 
ernor, Deputy, or Council there . . . shall think meet; or other- 
wise, according to such Laws and Ordinances, as are and shall 
be in Use there, for the Well-ordering and good Government of 
the said Colony. 

XVI. And for the more effectual Advancing of the said Plan- 
tation, we do further . . . Give and Grant, unto the said Treasurer 
and Company, full Power and Authority, free Leave, Liberty, and 
Licence, to set forth, erect, and publish, one or more Lottery or 
Lotteries, to have Continuance, and to endure and be held, for 
the Space of our [one] whole Year, next after the Opening of the 
same; And after the End and Expiration of the said Term, the 
said Lottery or Lotteries to continue and be further kept, during 
our Will and Pleasure only, and not otherwise. And yet never- 
theless, we are contented and pleased, for the Good and Welfare 
of the said Plantation, that the said Treasurer and Company 
shall, for the Dispatch and Finishing of the said Lottery or Lot- 
teries, have six Months Warning after the said Year ended, before 



22 THIRD CHARTER OF VIRGINIA [March 12/22 

our Will and Pleasure shall, for and on that Behalf, be construed, 
deemed, and adjudged, to be in any wise altered and determined. 

XVII. And our further Will and Pleasure is, that the said 
Lottery and Lotteries shall and may be opened and held, within 
our City of London, or in any other City or Town, or elsewhere, 
within this our Realm of England, with such Prizes, Articles, 
Conditions, and Limitations, as to them, the said Treasurer and 
Company, in their Discretions, shall seem convenient: 

XVIII. And it shall and may be lawful, to and for the said 
Treasurer and Company, to elect and choose Receivers, Auditors, 
Surveyors, Commissioners, or any other Officers whatsoever, at 
their Will and Pleasure, for the better marshalling, disposing, 
guiding, and governing of the said Lottery and Lotteries; And 
that it shall likewise be lawful, to and for the said Treasurer and 
any two of the said Council, to minister to all and every such 
Person, so elected and chosen for Officers, as aforesaid, one or 
more Oaths, for their good Behaviour, just and true Dealing, in 
and about the said Lottery or Lotteries, to the Intent and Pur- 
pose, that none of our loving Subjects, putting in their Names, 
or otherwise adventuring in the said general Lottery or Lotteries, 
may be, in any wise, defrauded and deceived of their said Monies, 
or evil and indirectly dealt withal in their said Adventures. 

XIX. And we further Grant, in Manner and Form aforesaid, 
that it shall and may be lawful, to and for the said Treasurer and 
Company, under the Seal of our said Council for the Plantation, 
to publish, or to cause and procure to be published, by Procla- 
mation or otherwise (the said Proclamation to be made in their 
Name, by virtue of these Presents) the said Lottery or Lotteries, 
in all Cities, Towns, Burroughs, and other Places, within 
our said Realm of England ; And we Will and Command all 
Mayors, Justices of Peace, Sherifs, Bailiffs, Constables, and other 
Officers and loving Subjects, whatsoever, that, in no wise, they 
hinder or delay the Progress and Proceedings of the said Lottery 
or Lotteries, but be therein, touching the Premises, aiding and 
assisting, by all honest, good, and lawful Means and Edeavours. 

XX. And further, our Will and Pleasure is, that in all Ques- 
tions and Doubts, that shall arise, upon any Difficulty of Con- 
struction or Interpretation of any Thing, contained in these, or 
any other our former Letters-patents, the same shall be taken and 
interpreted, in most ample and beneficial Manner for the said 



i6ii/i2] PATENT OF COUNCIL FOR NEW ENGLAND 23 

Treasurer and Company, and their Successors, and every Member 
thereof. 

XXL And lastly, we do, by these Presents, ratify and con- 
firm unto the said Treasurer and Company, and their Successors, 
for ever, all and all Manner of Privileges, Franchises, Liberties, 
Immunities, Preheminences, Profits, and Commodities, whatso- 
ever, granted unto them in any our former Letters-patents, and 
not in these Presents revoked, altered, changed, or abridged. 



No. 4. Patent of the Council for New 
England 

November 3/13, 1620 

Although the attempt of the northern, or Plymouth, Company, provided 
for by the Virginia charter of 1606, to establish a colony at Popham had failed, 
the Company was not disposed to favor the action of the London Company in 
issuing licenses for fishing voyages to the northward. Sir P'erdinando Gorges, 
the leading member of the Plymouth Company, had aided private expeditions 
to the region within the Company's grant. In March, 1619/20, Gorges, 
together with prominent members of the nobility and others, petitioned for a 
new charter, with the monopoly of fishing. A protest from the Virginia Com- 
pany against the monopoly led to a suggested compromise, by which each 
colony was to be given a limited right of fishing within the waters of the other; 
but the provision was not incorporated in the patent, and on Nov. 3/13, 1620, 
the charter passed the seals. A further petition of the Virginia Company, 
alleging that the grant was prejudicial to their interests, delayed the delivery 
of the patent until June 18/28, 1621, when Parliament ordered its delivery, 
and the incorporation of the fisheries suggestion upon renewal. The patent, 
however, was never renewed. The influence of Gorges was sufficient to offset 
the opposition to monopolies in the Parliament of 1621 ; but in the session of 
1623-24 the patent was denounced as a monopoly, and the practical impor- 
tance of the Council came to an end. In July, 1623, the territory of New 
England was divided by lot among the patentees. A new partition was made 
in February, 1634/5, in anticipation of the surrender of the patent. None 
of these grantees obtained royal charters except Gorges, whose grant was 
confirmed, with additions, in 1639, as the Province of Maine (see No. 15). 
The patent of the Council for New England was surrendered in 1635, although 
the Company continued to exist for a few years longer. 

References. — Text\u Hazard's Historical Collections, I., 103-118. The 
records of the Council, 1622-1623, 1631-1638, are in the Proceedings of the 
Amer. Antiquarian Society, 1867-68. See also Haven's History of Grants 



24 PATENT OF COUNCIL FOR NEW ENGLAND [Nov. 3/13 

under the Great Council for New England, in Mass. Hist. Soc, Lowell 
Lectures on " Massachusetts and its Early History " ; Brown's First Republic 
in Afuerica, 360-390, passim. 



[The patent begins by reciting the grant of the Virginia charter 
of 1606, and the subsequent separation of the London and Ply- 
mouth companies under the charter of 1609, and continues:] 

Now forasmuch as We have been in like Manner humbly peti- 
tioned unto by our trusty and well beloved Servant, ^\x ffei'dinando 
Gorges, Knight, Captain of our ffort and Island by Plymouth, 
and by certain the principal Knights and Gentlemen Adventurers 
of the said Second Collonye, and by divers other Persons of 
Quality, who now intend to be their Associates, divers of which 
have been at great and extraordinary Charge, and sustained many 
Losses in seeking and discovering a Place fitt and convenient to 
lay the Foundation of a hopeful Plantation, and have divers Years 
past by God's Assistance, and their own Endeavours, taken actual 
Possession of the Continent hereafter mentioned, in our Name 
and to our Use, as Sovereign Lord thereof, and have settled 
already some of our People in Places agreeable to their Desires 
in those Parts, and in Confidence of prosperous Success therein, 
by the Continuance of God's Devine Blessing, and our Royall 
Permission, have resolved in a more plentifull and effectual 
Manner to prosecute the same, and to that Purpose and Intent 
have desired of Us, for their better Encouragement and Satisfac- 
tion herein, and that they may avoide all Confusion, Questions, 
or Differences between themselves, and those of the said first 
Collonye, We would likewise be graciously pleased to make cer- 
taine Adventurers, intending to erect and establish ffishery. Trade, 
and Plantacion, within the Territoryes, Precincts, and Lymitts 
of the said second Colony, and their Successors, one several 
distinct and entire Body, and to grant unto them, such Estate, 
Liberties, Priveliges, Enlargements, and Immunityes there, as 
in these our Letters-Pattents hereafter particularly expressed and 
declared. And forasmuch as We have been certainly given to 
understand by divers of our good Subjects, that have for these 
many Yeares past frequented those Coasts and Territoryes, be- 
tween the Degrees of Fourty and Fourty-Eight, that there is noe 
other the Subjects of any Christian King or State, by any Authority 
from their Soveraignes, Lords, or Princes, actually in Possession 



i62o] PATENT OF COUNCIL FOR NEW ENGLAND 25 

of any of the said Lands or Precincts, whereby any Right, CLiim, 
Interest, or Title, may ... by that Meanes accrue . . . unto 
them, or any of them. And also for that We have been further 
given certainly to knowe, that within these late Yeares there hath 
by God's Visitation raigned a wonderfull Plague, together with 
many horrible Slaughters, and Murthers, committed amoungst the 
Savages and bruitish People there, heertofore inhabiting, in a 
Manner to the utter Destruction, Devastacion, and Depopulacion 
of that whole Territorye, so that there is not left for many Leagues 
together in a Manner, any that doe claime or challenge any Kind 
of Interests therein, nor any other Superiour Lord or Souveraigne 
to make Claime thereunto, whereby We in our Judgment are per- 
suaded and satisfied that the appointed Time is come in which 
Almighty God in his great Goodness and Bountie towards Us 
and our People, hath thought fitt and determined, that those large 
and goodly Territoryes, deserted as it were by their naturall In- 
habitants, should be possessed and enjoyed by such of our Sub- 
jects and People as heertofore have and hereafter shall by his 
Mercie and Favour, and by his Powerfull Arme, be directed and 
conducted thither. In Contemplacion and serious Consideracion 
whereof. Wee have thougt it fitt according to our Kingly Duty, 
soe much as in Us lyeth, to second and followe God's sacred 
Will, rendering reverend Thanks to his Divine Majestic for his 
gracious favour in laying open and revealing the same unto us, 
before any other Christian Prince or State, by which Meanes 
without Offence, and as We trust to his Glory, Wee may with 
Boldness goe on to the settling of soe hopefuU a Work, which 
tendeth to the reducing and Conversion of such Savages as re- 
maine wandering in Desolacion and Distress, to Civil Societie 
and Christian Religion, to the Inlargementof our own Dominions, 
and the Advancement of the Fortunes of such of our good Sub- 
jects as shall willingly intresse themselves in the said Imployraent, 
to whom We cannot but give singular Commendations for their 
soe worthy Intention and Enterprize; Wee therefore . . . Do . . . 
grant . . . that all that Circuit, Continent, Precincts, and Limitts 
in America, lying and being in Breadth from Fourty Degrees of 
Northerly Latitude, from the Equnoctiall Line, to Fourty-eight 
Degrees of the said Northerly Latitude, and in Length by all the 
Breadth aforesaid throughout the Maine Land, from Sea to Sea, 
with all the Seas, Rivers, Islands, Creekes, Inletts, Ports, and 



26 PATENT OF COUNCIL FOR NEW ENGLAND [Nov. 3/13 

Havens, within the Degrees ... of the said Latitude and Longi- 
tude, shall be the Limitts ... of the second CoUony: And to 
the End that the said Territoryes may forever hereafter be more 
particularly and certainly known and distinguished, our Will and 
Pleasure is, that the same shall from henceforth be nominated, 
termed, and called by the Name of New-England, in America. . . . 
And for the better Plantacion, ruling, and governing of the afore- 
said New-England, in America, We . . . ordaine . . . that 
from henceforth, there shall be ... in our Towne of Plymouth, 
in the County of Devon, one Body politicque and corporate, 
which shall have perpetuall Succession, which shall consist of 
the Number of fourtie Persons, and no more, which shall be, 
and shall be called and knovvne by the Name the Councill estab- 
lished at Plymouth, in the County of Devon for the planting, 
ruling, ordering, and governing of New- England, in America; 
and for that Purpose Wee have, at and by the Nomination and 
Request of the said Petitioners, granted . . . our right trusty and 
right well beloved Cosins and Councillors Lodowick, Duke of 
Lenox, Lord Steward of our Houshold, George Lord Marquess 
Buckingham, our High Admiral of England, James Marquess 
Hamilton, William Earle of Pembrocke, Lord Chamberlaine of 
our Houshold, Thomas Earl of Arundel, and our . . . Cosin, 
William Earl of Bathe, and [^our'] . . . Cosin and Councellor, 
Henry Earle of Southampton, and our . . . Cousins, William 
Earle of Salisbury, and Robert Earle of Warwick, and . . . 
John Viscount Haddington, and our Councellor Edward Lord 
Zouch, Lord Warden of our Cinque Ports, and . . . Edmond 
Lord Sheffield, Edward Lord Gorges, and . . . Sir Edward 
Seymour, Knight and Barronett, Sir Robert Manselle, Sir Edward 
Zouch, our Knight Marshall, Sir Dudley Diggs, Sir Thomas Roe, 
Sir fferdinando Gorges, Sir Francis Popham, Sir John Brook, Sir 
Thomas Gates, Sir Richard Hawkins, Sir Richard Edgcombe, 
Sir Allen Apsley, Sir Warwick Hale, Sir Richard Catchmay, 
Sir John Bourchier, Sir Nathaniel Rich, Sir Edward Giles, Sir 
Giles Mompesson, and Sir Thomas Wroth, Knights; and . . . 
Matthew Suttcliffe, Dean of Exeter, Robert Heath, Esq; Re- 
corder of our Cittie of London, Henry Bourchier, John Drake, 
Rawleigh Gilbert, George Chudle}^ Thomas Hamon, and John 
Argall, Esquires, to be . . . the first . . . Councill . . . [The 
Council to have the right to fill vacancies in their membership; 



i62o] PATENT OF COUNCIL TOR NEW ENGLAND 27 

to receive, hold, and dispose of real and personal property; 
and to sue and be sued. They shall elect from among their num- 
ber a president, who shall hold office during their pleasure; and 
they shall have a seal.] And Wee do further . . . grant . . . that 
it shall ... be lawfuU ... for the said Councill . . ., in their dis- 
cretions ... to admitt such . . . Persons to be made free and 
enabled to trade . . . unto . . . New-England . . . , and unto 
every Part and Parcell thereof, or to have . . . any Lands or 
Hereditaments in New-England . . ., as they shall think fitt, 
according to the Laws, Orders, Constitutions, and Ordinances, 
by the said Councill and their Successors from time to time to 
be made and established by Virtue of, and according to the true 
Intent of these Presents, and under such Conditions, Reserva- 
tions, and agreements as the said Councill shall set downe, order 
and direct, and not otherwise. And further . . . Wee . . . grant 
full Power and Authority to the said Councill . . . [to] nomi- 
nate, make, constitute, ordaine, and confirme by such Name 
or Names, Sale or Sales, as to them shall seeme Good; and like- 
wise to revoke, discharge, change, and alter, as well all and sin- 
gular, Governors, Officers, and Ministers, which hereafter shall 
be by them thought fitt and needful to be made or used, as well 
to attend the Business of the said Company here, as for the Gov- 
ernment of the said Collony and Plantation, and also to make 
... all Manner of Orders, Laws, Directions, Instructions, Forms, 
and Ceremonies of Government and Magistracy fitt and necessary 
for any concerning the Government of the said Collony and Plan- 
tation, so always as the same be not contrary to the Laws and 
Statutes of this our Realme of England, and the same att all 
Times hereafter to abrogate, revoke, or change, not only within 
the Precincts of the said Collony, but also upon the Seas in going 
and coming to and from the said Collony, as they in their good 
Discretions shall thinke to be fittest for the good of the Adven- 
turers and Inhabitants there. [The governor may exercise mar- 
tial law, in case of insurrection, and shall have full power to 
enforce upon individuals the laws and ordinances of the Council. 
Goods fraudulently transported to a foreign country, under pre- 
tence of landing them within the limits of this grant, are to be 
forfeited, with the vessel.] And Wee do further . . . absolutely 
give, grant, and confirm unto the said Councill ... all the afore- 
said "Lands . . . together also, with the Firme Lands, Soyles, 



28 PATENT OF COUNCIL FOR NEW ENGLAND [Nov. 3/13 

Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines, and 
Mineralls, as well Royall Mines of Gold and Silver, as other 
Mine[s] and Mineralls, precious Stones, Quarries, and all, and 
singular other Comodities, Jurisdictions, Royalties, Priveliges, 
Franchises, and Preheminences, both within the same Tract of 
Land upon the Maine, and also within the said Islands and Seas 
adjoining: Provided always, that the said Islands, or any of the 
Premises herein before mentioned ... be not actually possessed 
or inhabited by any other Christian Prince or Estate, nor be 
within the Bounds, Limitts, or Territoryes, of that Southern 
Collony heretofore by us granted to be planted by diverse of our 
loving Subjects in the South Part . . ., to be holden of Us ... as 
of our Manor of East-Greenwich, in our County of Kent, in free 
and comon Soccage and not in Capite nor by Knight's Service; 
yielding and paying therefore to Us . . . the fifth Part, of the Ore 
of Gold and Silver, which . . . shall happen to be found ... in 
or within any the said Lands . . ., for, or in Respect of all, and 
all Manner of Dutys, Demands, and Services whatsoever, to be 
done, made, or paid to Us . . . And Wee do further , . . grant 
to the said Councell . . . that it shall be lawfull and free for them 
. . ., attall . . . times hereafter, out of our Realmes or Dominions 
whatsoever, to take, load, carry, and transport in, and into their 
Voyages, and for, and towards the said Plantation in New-Eng- 
land, all such ... of our loveing Subjects, or any other Strangers 
that will become our loving Subjects, and live under our Alle- 
giance, as shall willingly accompany them in the said Voyages 
and Plantation, with Shipping, Armour, Weapons, Ordinance, 
Munition, Powder, Shott, Victuals, and all Manner of Cloathing, 
Implements, Furniture, Beasts, Cattle, Horses, Mares, and all 
other Things necessary for the said Plantation, and for their Use 
and Defence, and for Trade with the People there, and in passing 
and returning to and fro, without paying or yeilding, any Custom 
or Subsidie either inward or outward, to Us, . . . for the same, 
for the Space of seven Years, from the Day of the Date of these 
Presents, provided, that none of the said Persons be such as shall 
be hereafter by special Name restrained by Us . . . And for 
their further Encouragement . . ., We . . . grant, to and with the 
said Councill . . ., their Factors and Assignes, that they . . . shall 
be free and quitt from all Subsidies and Customes in New-England 
for the Space of seven Years, and from all Taxes and Impositions 



i62o] PATENT OF COUNCIL FOR NEW ENGLAND 29 

for the Space of twenty and one Yeares, upon all Goods and 
Merchandizes att any time or times hereafter, either upon Im- 
portation thither, or Exportation from thence into our Realme 
of England, or into any our Dominions by the said Council . . ., 
[except the five per cent, customs duty, which being paid, the 
said goods may, within thirteen months after being landed, be 
exported. The Council may grant land to adventurers and others, 
have regard to the share and special merit of each.] and wee do 
also . . . grant to the said Councell . . . and to all , . . such Gov- 
ernours, or Officers, or Ministers, as by the said Councill shall 
be appointed to have Power and Authority of Government and 
Command in and over the said Collony and Plantation, that they 
. . . shall, and lawfully may, . . . for their severall Defence and 
Safety, encounter, expulse, repel, and resist by Force of Arms, 
as well by Sea as by Land, and all Ways and Meanes whatsoever, 
all such . . . Persons, as without the speciall Licence of the said 
Councell . . . shall attempt to inhabitt within the said severall 
Precincts and Limitts of the said Collony and Plantation. And 
also all . . . such . . . Persons ... as shall enterprize or attempt 
att any time hereafter Destruction, Invasion, Detriment, or 
Annoyance to the said Collony and Plantation; and that it shall 
be lawfull for the said Councill ... to take and surprize by all 
Ways and Meanes whatsoever, all . . . such . . . Persons . . ., 
with their Ships, Goods, and other Furniture, trafficking in any 
Harbour, Creeke, or Place, within the Limitts and Precin[c]tes 
of the said Collony . . ., and not being allowed by the said Coun- 
cill to be Adventurers or Planters of the said Collony. And . . . 
Wee . . . grant unto the said Councill . . . , that the said Terri- 
toryes . . . shall not be visited, frequented, or traded unto, by 
any other of our Subjects, . . . either from any the Ports and 
Havens belonging or appertayning . . . unto Us, ... or to any 
forraigne State, Prince, or Pottentate whatsoever : And therefore. 
Wee do hereby . . . charge ... all the Subjects of Us . . ., of 
what Degree and Quality soever, they be, that none of them, 
directly, or indirectly, presume to vissitt, frequent, trade, or ad- 
venture or traffick into, or from the said Territoryes, . . . other 
than the said Councill and their Successors, ffactors, Deputys, 
and Assignes, unless it be with the License and Consent of the 
said Councill and Company first had and obtained in Writing, 
under the comon Seal, upon Pain of our Indignation and Im- 



30 PATENT OF COUNCIL FOR NEW ENGLAND [Nov. 3/13 

prisonment of their Bodys during the Pleasure of Us, . . . and 
the Forfeiture and Loss both of theire Ships and Goods, where- 
soever they shall be found either within any of our Kingdomes or 
Dominions, or any other Place or Places out of our Dominions. 
And for the better effecting of our said Pleasure heerin, Wee . . . 
give and grant full Power and Authority unto the said Councill, 
. . . their Factors, Deputyes, or Assignes, . . . [to] seize all and 
all Manner of Ship and Ships, Goods, Wares, and Merchandizes 
whatsoever, which shall be bro't from or carried to the Places 
before mentioned, or any of them, contrary to our Will and 
Pleasure, before in these Presents expressed. [Property so for- 
feited to be divided equally between the Council and the King.] 
And we . . . do condiscend, and grant to and with the said 
Councill . . ., that Wee . . . will not give and grant any Lybertye, 
License, or Authority to any Person or Persons whatsoever, to 
saile, trade or trafhcke unto the aforesaid parts of New-England, 
without the good Will and Likinge of the said Councill, or the 
greater Part of them for the Time beinge, att any their Courts to 
be assembled. And Wee do . . . grant unto the said Councill . . . 
that whensoever . . . any Custome or Subsidie shall growe due or 
payable unto Us . . . according to the Limitation and Appoint- 
ment aforesaid, by reason of any Goods, Wares, [or] Merchan- 
dizes, to be shipped out, or any Returne to be made of any Goods, 
Wares, or Merchandizes, unto or from New-England, or any the 
Lands [or] Territoryes aforesaid, that . . . the ffarmers, Cus- 
tomers, and Officers of our Customes of England and Ireland . . ., 
upon Request made unto them by the said Councill . . ., and 
upon convenient Security to be given in that Behalfe, shall . . . 
allowe unto the said Councill . . . and to all . . . Persons free of 
the said Company as aforesaid, six Months Time for the Payment 
of the one halfe of all such Custome and Subsidie . . . Never- 
theless, ... if any of the said Goods . . . shall be . . . landed 
and exported out of any of our Realmes aforesaid, and shall be 
shipped with a Purpose not to be carried to New-England afore- 
said, . . . then such . . . Custome ... or Forfeiture, shall be 
paid, and belong to Us . . ., for the said Goods ... so fraudu- 
lently sought to be transported, as if this our Grant had not been 
made nor granted: And Wee do . . . grant . . . that the said 
President of the said Company, or his Deputy for the Time being, 
or any two others of the said Councill . . . shall . . . haye ful]. 



i62o] PATENT OF COUNCIL FOR NEW ENGLAND 3 1 

Power and Authority, to minister and give the Oath and Oaths 
of Allegiance and Supremacy . . . to all . . . Persons, which shall 
att any Time . . , goe or pass to the said Collony in New-Eng- 
land. [The same officers may also administer oaths in matters 
touching the business and interests of the Company.] And to 
the End that no lewd or ill-disposed Persons, Saylors, Soldiers, 
Artificers, Labourers, Husbandmen, or others, which shall receive 
Wages, Apparel, or other Entertainment from the said Councill, 
or contract and agree with the said Councill to goe, and to serve, 
and to be imployed, in the said Plantation, in the Collony of 
New-England, do afterwards withdraw, hide, and conceale them- 
selves, or refuse to go thither, after they have been so entertained 
and agreed withall; and that no Persons which shall be sent and 
imployed in the said Plantation . . ., upon the Charge of the said 
Councill, doe misbehave themselves by mutinous Seditions, or 
other notorious Misdemeanors, or which shall be imployed, or 
sent abroad by the Governour of New-England or his Deputy, 
with any Shipp or Pinnace, for Provision for the said Collony, 
or for some Discovery, or other Business or Affaires concerninge 
the same, doe from thence either treacherously come back againe, 
or returne into the Realme of Englande by Stealth, or without 
Licence of the Governour of the said Collony . . ., or be sent 
hither as Misdoers or Offendors; and that none of those Persons 
after theire Returne from thence, being questioned by the said 
Councill heere, for such their Misdemeanors and Offences, do, by 
insolent and contemptuous Carriage in the Presence of the said 
Councill shew little Respect and Reverence, either to the Place 
or Authority in which we have placed and appointed them and 
others, for the clearing of their Lewdness and Misdemeanors 
committed in New-England, divulge vile and scandalous Reports 
of the Country of New-England, or of the Government or Estate 
of the said Plantation and Collony, to bring the said Voyages 
and Plantation into Disgrace and Contempt, by Meanes whereof, 
not only the Adventurers and Planters already engaged in the 
said Plantation may be exceedingly abused and hindered, and 
a great Number of our loveing and well-disposed Subjects, other- 
ways well affected and inclined to joine and adventure in so 
noble a Christian and worthy Action may be discouraged from 
the same, but also the Enterprize itself may be overthrowne, 
which cannot miscarry without some Dishonour to Us and our 



32 PATENT OF COUNCIL FOR NEW ENGLAND [Nov. 3/13 

Kingdome : [the President, or other duly authorized representa- 
tive of the Company, is empowered to cause such persons to be 
apprehended; and, upon examination and proof before the Coun- 
cil, such persons shall either be bound over with sureties for their 
good behavior, according to the law of England, or be returned 
to New England to be dealt with by the Company. Any persons, 
whether members of the colony or acting under the authority of 
the Council, who shall commit any robbery or other hostile act, 
by sea or land, against a subject of England or of any other 
friendly power, shall, upon royal proclamation, make full resti- 
tution and satisfaction, under penalty of outlawry. English sub- 
jects settling in the colony, and their children there born, shall 
have all the rights of natural born Englishmen. None are to be 
permitted to go to New England except such as shall first take 
the oaths of supremacy, to be administered by the President of 
the Council.] And Wee also ... do covenant and grant to and 
with the said Councill, . . . that if the Councill . . . shall at any 
time or times heereafter, upon any Doubt which they shall con- 
ceive concerning the Strength or Validity in Law of this our 
present Grant, or be desirous to have the same renewed and 
confirmed by Us . . ., with Amendment of such Imperfections and 
Defects as shall appeare fitt and necessary to the said Councill 
. . ., to be reformed and amended on the Behalf e of Us . . ., and 
for the furthering of the Plantation and Government, or the In- 
crease, continuing, and flourishing thereof, that then, upon the 
humble Petition of the said Councill . . ., to Us . . ., Wee . . . 
will forthwith make and pass under the Great Scale of England 
. . ., to the said Councill . . ., such further and better Assur- 
ance, of all and singular the Lands, Grounds, Royalties, Priv- 
eliges, and Premisses aforesaid granted, or intended to be 
granted, according to our true Intent and Meaneing . . ., as 
by the learned Councill of Us . . . and of the said Company . . . 
shall, in that Behalfe, be reasonably devised or advised. [In 
case of doubt, the grant to be construed in favor of the Company.] 
And Wee do further . . . charge and comand all and singular 
Admirals, Vice-Admirals, Generals, Comanders, Captaines, Jus- 
tices of Peace, Majors, Sheriffs, Bailiffs, Constables, Customers, 
Comptrollers, Waiters, Searchers, and all the Officers of Us . . ., 
in all Things aiding, helping, and assisting unto the said Coun- 
cill . . ., upon Request ... by them to be made, in all Matters 



i62i] ORDINANCE FOR VIRGINIA 35 

well for a Remedy of all Inconveniences, growing from time to 
time, as also for the advancing of Increase, Strength, Stabilit}', 
and Prosperity of" the said Colony: 

II. We therefore, the said Treasurer, Council, and Company, 
by Authority directed to us from his Majesty under the Great 
Seal, upon Mature Deliberation, do hereby order and declare, 
that, from hence forward, there shall be Two Supreme Councils 
in Virginia, for the better Government of the said Colony afore- 
said. 

III. The one of which Councils, to be called The Council 
OF State (and whose Office shall chiefly be assisting, with their 
Care, Advice, and Circumspection, to the said Governor) shall 
be chosen, nominated, placed, and displaced, from time to time, 
by Us, the said Treasurer, Council, and Company, and our Suc- 
cessors: Which Council of State shall consist, for the present, 
only of these persons, as are here inserted, viz. Sir Francis IVydf, 
Ciovernor of Virginia, Captain Francis West, Sir George Yeardley, 
Knight, '^xxWiUiain Neiicc, Knight Marshal of Virginia, Mr. George 
Sandys, Treasurer, Mr. George Thorpe, Deputy of the College, 
Captain Thomas Neuce, Deputy for the Company, Mr. Paivlct, 
Mr. Leech, Captain Nathaniel Powel, Mr. Christopher Davison, 
Secretary, Dr. Pots, Physician to the Company, Mr. Roger Smith, 
Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John 
Pountis, Mr. Michael Lapivorih, Mr. Haj'wood, Mr. Samuel APacock. 
Which said Counsellors and Council we earnestly pray and desire, 
and in his Majesty's Name strictly charge and command, that (all 
Factions, Partialities, and sinister Respect laid aside (they bend 
their Care and Endeavours to assist the said Governor; first and 
principally, in the Advancement of the Honour and Service of 
God, and the Enlargement of his Kingdom amongst the Heathen 
People; and next, in erecting of the said Colony in due Obedi- 
ence to his Majesty, and all lawful Authority from his Majesty's 
Directions; and lastly, in maintaining the said People injustice 
and Christian Conversation amongst themselves, and in Strength 
and Ability to withstand their Enemies. And this Council, to 
be always, or for the most Part, residing about or near the 
Governor. 

IV. The other Council, more generally to be called by the 
Governor, once Yearly, and no oftener, but for very extraordinary 
and important Occasions, shall consist, for the present, of the 



36 GRANT OF MAINE TO GORGES AND MASON [Aug. 10/20 

said Council of State, and of two Burgesses out of every Town, 
Hundred, or other particular Plantation, to be respectively chosen 
by the Inhabitants : Which Council shall be called The General 
Assembly, wherein (as also in the said Council of State) all Mat- 
ters shall be decided, determined, and ordered, by the greater 
Part of the Voices then present; reserving to the Governor always 
a Negative Voice. And this General Assembly shall have free 
Power to treat, consult, and conclude, as well of all emergent 
Occasions concerning the Publick Weal of the said Colony and 
every Part thereof, as also to make, ordain, and enact such gen- 
eral Laws and Orders, for the Behoof of the said Colony, and the 
good Government thereof, as shall, from time to time, appear 
necessary or requisite; 

V. Whereas in all other Things, we require the said General 
Assembly, as also the said Council of State, to imitate and follow 
the Policy of the Form of Government, Laws, Customs, and Man- 
ner of Trial, and other Administration of Justice, used in the 
Realm of England, as near as may be, even as ourselves, by his 
Majesty's Letters Patent are required. 

VI. Provided, that no Law or Ordinance, made in the said 
General Assembly, shall be or continue in Force or Validity, 
unless the same shall be solemnly ratified and confirmed, in a 
General Quarter Court of the said Company here in England, 
and so ratified, be returned to them under our Seal; It being our 
Intent to afford the like Measure also unto the said Colony, that 
after the Government of the said Colony shall once have been 
well framed, and settled accordingly, which is to be done by Us, 
as by Authority derived from his Majesty, and the same shall 
have been so by us declared, no Orders of Court afterwards shall 
bind the said Colony, unless they be ratified in like Manner in 
the General Assemblies. 



No. 7. Grant of Maine to Gorges and Mason 

August 10/20, 1622 

John Mason was a member of the Council for New England, a churchman, 
and a friend of Gorges. His chief interests in America seem to have been in 
connection with the Laconia Company, organized to carry on the fur trade 



i622] FIRST CHARTER OF MASSACHUSETTS 37 

with Canada; and he did not develop any of the various grants received from 
the Council for New England. Only so much of the patent of 1622 is here 
given as defines the boundaries of the grant. 

References. — Text in Ballard's Memorial Volume of the Popham Cele- 
bration, Appendix, 1 21-123. 

[The patent recites the grant of 1620 to the Council for New 
England, and continues :] 

Now this Indenture witnesseth that the said President and Coun- 
cill . . . doe give grant . . . and confirme unto the said Sir Fer- 
dinando Gorges & Captain John Mason their heirs and assignes 
all that part of the maine land in New England lying upon the 
Sea Coast betwixt the rivers of Merrimack cSt Sagadahock and to 
the furthest heads of the said Rivers and soe forwards up into 
the land westward untill threescore miles be finished from the 
first entrance of the aforesaid rivers and half way over that is to 
say to the midst of the said two rivers which bounds and limitts 
the lands aforesaid togeather with all Islands & Isletts within five 
leagues distance of the said premisses and abutting upon the same 
or any part or parcell thereoff . . . which said porcons of lands 
with the appurtenances the said Sir Ferdinando Gorges and 
Capt. John Mason with the consent of the President & Councell 
intend to name the Province of Maine. . . . 



No. 8. First Charter of Massachusetts 

March 4/14, 1628/9 

The attempt of the Dorchester Adventurers to establish a colony on Cape 
Ann, in 1623, as a base for fishing operations, failed; but there were a few 
scattered settlements in the region of Massachusetts Bay when, March 19/29, 
1627/8, a grant for a land and trading company was obtained from the Coun- 
cil for New England. The patent was confirmed, with the addition of powers 
of government, by the royal charter of March 4/14, 1628/9. A local govern- 
ment, known as " London's Plantation in Massachusetts Bay in New England," 
was established at Salem, under the direction of John Endicott. In 1630 the 
charter and government of the colony were transferred to America, and the 
local government under Endicott was discontinued. The charter remained 
in force until 1684, when it was annulled by writ of quo warranto. 

References. — Text in Records of the Governor and Company of the 
Massachusetts Bay in New England, I., 3-19. The grant of 1627/8 is 
recited in the charter. Important contemporary documents and accounts are 
collected in Young's Chronicles of Massachusetts. See also Winthrop's His- 



38 FIRST CHARTER OF MASSACHUSETTS [March 4/14 

tory of New England (Savage's ed.), I.; Winthrop's Life and Letters of fohn 
Winthrop, II.; Memorial IListory of Boston, I., 87-98; Ellis's Puritan Age 
and Rule, chaps. 2 and 7; Sainsbury's Calendar of State Papers, Colonial, I.; 
Doyle's Puritan Colonies, I., chap. 3. 

[The charter begins with a recital of the patent of 1620 to the 
Council for New England, and the subsequent grant by the Coun- 
cil, in March, 1627/8, to Sir Henry Rosewell and others, which 
last-mentioned grant is by this present charter confirmed, and 
continues :] 

And further knowe yee. That . . . Wee ... by theis presents 
doe . . . give and_graunt unto the said Sir Henry Rosewell, Sir 
John Younge, Sir Richard Saltonstall, Thomas Southcott, John 
Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, 
Samuell Aldersey, John Ven, Mathewe Cradock, George Har- 
wood. Increase Nowell, Richard Pery, Richard Bellingham, 
Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas 
Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas 
Hutchins, William Vassall, William Pinch ion, and George Fox- 
crofte, theire heires and assignes. All that parte of Newe England 
in America which lyes and extendes betweene a great river there 
commonlie called Monomack river, alias Merrimack river, and 
a certen other river there called Charles river, being in the bot- 
tome of a certen bay there commonlie called Massachusetts, alias 
Mattachusetts, alias Massatusetts bay : And also all and singuler 
those landes and hereditaments whatsoever, lyeing within the 
space of three Englishe myles on the south parte of the saide 
river called Charles river, or of any or every parte thereof : And 
also all and singuler the landes and hereditaments whatsoever 
lyeing and being within the space of three Englishe myles to 
the southward of the southernmost parte of the said baye called 
Massachusetts . . . : And also all those landes and hereditaments 
whatsoever which lye and be within the space of three English 
myles to the northward of the saide river called Monomack, alias 
Merrymack, or to the northward of any and every parte thereof, 
and all landes and hereditaments whatsoever, lyeing within the 
lymitts aforesaide, north and south, in latitude and bredth, and 
in length and longitude, of and within all the bredth aforesaide, 
throughout the mayne landes there from the Atlantick and west- 
erne sea and ocean on the east parte, to the south sea on the west 
parte : . . . and also all islandes in America aforesaide, in the 



1628/9] FIRST CHARTER OF MASSACHUSETTS 39 

saide seas, or either of them, on the westerne or easterne coastes, 
or partes of the said tracts of landes hereby mentioned to be 
given and graunted . . ., and all mynes and myneralls, aswell 
royall mynes of gould and silver as other mynes and myneralls 
whatsoever . . ., and free libertie of fishing in or within any the 
rivers or waters within the boundes and lymytts aforesaid, and 
the seas thereunto adjoining: And all fishes, royal fishes, whales, 
balan, sturgions, and other fishes, of what kinde or nature soever 
that shall ... be taken in . . . the saide seas or waters ... by 
the said Sir Henry Rosewell . . . [and others] ... or by any per- 
son or persons whatsoever there inhabiting, by them, or any of 
them, to be appointed to fishe therein. Provided, alwayes, that 
yf the said landes, islandes, or any other the premisses herein 
before mentioned, and by theis presents intended and meant to 
be graunted, were, at the tyme of the graunting of the saide 
former letters patents . . . [of 1620] . . . actuallie possessed or 
inhabited by any other Christian Prince or State, or were within 
the boundes ... of that Southerne Colony then before graunted 
by our said late father to be planted ... in the south partes of 
America, That then this present graunt shall not extend to any 
such partes . . ., but as to those partes . . . shalbe utterly voyd. 
. . . [To be held in free and common socage, and paying one ^ 
fifth part of all gold and silver ores.] And forasmuch as the ' 
good and prosperous successe of the plantation of the saide partes 
of Newe England aforesaide intended by the said Sir Henry 
Rosewell . . . [and others] ... to be speedily sett upon, cannot 
but cheifly depend, next under the blessing of Almightie God and 
the support of our royall authoritie, upon the good government 
of the same, To the ende tha't'the affaires and buyssinesses which, 
from tyme to tyme, shall happen and arise concerning the saide 
landes and the plantation of the same, male be the better mannaged 
and ordered . . . wee will and ordeyne, That the saide Sir Henry 
Rosewell . . . [and others] . . ., and all such others as shall 
hereafter be admitted and made free of the Company and Society 
hereafter mentioned, shall . . . be . . . one body corporate and 
politique in fact and name, by the name of the Governor and 
Company of the Mattachusetts Bay in Newe England . . ., and — = 
by that name they shall have perpetuall succession : And that by 
the same name they . . . shall, and male be capeable and enabled, 
aswell to implead and to be imple;aded, and to prosecute, de- 



40 FIRST CHARTER OF MASSACHUSETTS [March 4/14 

maund, and aunswere, and be answeared unto, in all . . . suites, 
causes, quarrells, and actions of what kinde or nature soever. 
And also to . . . acquire . . . any landes, tenements, or heredita- 
ments, or any goodes or chattells. And the same to . . . dispose 
of as other our liege people of this our realme of England, or 
any other corporation or body politique of the same male law- 
fullie doe: [They may have a seal.] And wee doe hereby . . . 
graunte. That . . . there shalbe one Governor, one Deputy Gov- 
ernor, and eighteene Assistants . . ., to be from tyme to tyme 
. . . chosen out of the freemen of the saide Company, for the 
tyme being, in such manner and forme as hereafter in theis 
presents is expressed. Which said officers shall applie themselves 
to take care for the best disposeing and ordering of the generall 
buysines and affaires of . . . the saide landes and premisses . . ., 
and the plantacion thereof, and the government of the people 
there. And for the better execution of our royall pleasure and 
graunte in this behalf, wee doe . . . nominate . . . the saide 
Mathewe Cradocke to be the first and present Governor of the 
said Company, and the saide Thomas Goffe to be Deputy Gov- 
ernor . . ., and the said Sir Richard Saltonstall, Isaack Johnson, 
Samuell Aldersey, John Ven, John Humfrey, John Endecott, 
Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell 
Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, 
Thomas Hutchins, John Browne, George Foxcrofte, William 
Vassall, and William Pinchion to be the present Assistants . . ., 
to continue in the saide severall offices respectivelie for such 
tyme and in such manner as in and by theis presents is hereafter 
declared and appointed. [The Governor or Deputy Governor 
may give order for the assembling of the Company.] And that 
the said Governor, Deputie Governor, and Assistants . . . shall 
or male once every moneth, or oftener at their pleasures, assem- 
ble, and houlde, and keepe a Courte or Assemblie of themselves, 
for the better ordering and directing of their affaires. [Seven or 
more Assistants, with the Governor or Deputy Governor, to be a 
sufficient Court.] and that there shall or male be held . . ., 
upon every last Wednesday in Hillary, Easter, Trinity, and Michas 
termes respectivelie for ever, one greate, generall, and solempe 
Assemblie, which foure Generall Assemblies shalbe stiled and 
called the Foure Greate and Generall Courts of the saide Com- 
pany : In all and every or any of which saide Greate and Generall 



1628/9] FIRST CHARTER OF MASSACHUSETTS 4I 

Courts soe assembled, Wee doe . . . graunte . . . That the Gov- 
ernor, or, in his absence, the Deputie Governor . . . and such 
of the Assistants and freemen ... as shalbe present, or the greater 
nomber of them soe assembled, whereof the Governor or Deputie 
Governor and six of the Assistants, at the least to be seaven, 
shall have full power and authoritie to choose, nominate, and 
appointe such and soe many others as they shall thinke fitt, and 
that shall be willing to accept the same, to be free of the said 
Company and Body, and them into the same to admitt, and to 
elect and constitute such ofificers as they shall thinke fitt and 
requisite for the ordering, mannaging, and dispatching of the 
affaires of the saide Governor and Company. . . . And wee 
doe . . . ordeyne. That yearely once in the yeare for ever here- 
after, namely, the last Wednesday in Easter tearme yearely, the 
Governor, Deputy Governor, and Assistants . . ., and all other 
officers of the saide Company, shalbe, in the Generall Court or 
Assembly to be held for that day or tyme, newly chosen for the 
yeare ensueing by such greater parte of the said Company for the 
tyme being, then and there present, as is aforesaide. [Vacancies 
caused by the death or removal of any officer of the Company 
may be filled by new elections. All officers are required to take \a^^ 
an oath for the faithful performance of their duties.] . . . And """ 
wee doe . . . graunt . . ., That it shall ... be lawfull to and for 
the Governor or Deputie Governor and such of the Assistants and /. 7 
Freemen of the said Company ... as shalbe assembled in any of // 

their Generall Courts aforesaide, or in any other Courtes to be ' Jl^ 
specially summoned and assembled for that purpose, or the greater 
parte of them, (whereof the Governor or Deputie Governor and 
six of the Assistants, to be alwaies seaven,) from tyme to tyme to .--— ■ 
make, ordeine, and establishe all manner of wholesome and rea- 
sonable orders, lawes, statutes, and ordinances, directions, and in- 
structions not contrarie to the lawes of this our realme of England, | 
aswell for setling of the formes and ceremonies of government ' 
and magistracy fitt and necessary for the said plantation and the 
inhabitants there, and for nameing and stiling of all sortes of 
officers, both superior and inferior, which they shall finde neede- 
fuU for that governement and plantation, and the distinguishing 
and setting forth of the severall duties, powers, and lymytts of 
every such office and place, and the formes of such oathes war- 
rantable by the lawes and statutes of this our realme of England 



42 FIRST CHARTER OF MASSACHUSETTS [March 4/14 

as shalbe respectivelie ministred unto them, for the execution of 
the said severall offices and places, as also for the disposing and 
ordering of the elections of such of the said officers as shalbe 
annuall, and of such others as shalbe to succeede in case of death 
or removeall, and ministring the said oathes to the newe elected 
officers, and for impositions of lawfuU fynes, mulcts, imprison- 
ment, or other lawfuU correction, according to the course of other 
corporations in this our realme of England, and for the directing, 
ruling, and disposeing of all other matters and thinges whereby 
our said people, inhabitants there, maie be soe religiously, peace- 
ablie, and civilly governed, as their good life and orderlie con- 
versation maie wynn and incite the natives of [that] country to 
the knowledg and obedience of the onlie true God and Savior of 
mankinde, and the Christian fayth, which, in our royall intention 
and the adventurers free profession, is the principall ende of this 
plantation. . . . Provided also . . ., That theis presents shall 
not in any manner enure, or be taken to abridge, barr, or hinder 
any of our loving subjects whatsoever to use and exercise the 
trade of fishing upon that coast of New England in America by 
theis presents mentioned to be graunted : But that they . , . shall 
have full and free power and liberty to continue and use their 
said trade of fishing upon the said coast in any the seas thereunto 
adjoyning, or any amies of the seas or saltwater rivers where they 
have byn wont to fishe, and to build and sett up upon the landes 
by theis presents graunted such wharfes, stages, and workehouses 
as shalbe necessarie for the salting, drying, keeping, and packing 
up of their fish, to be taken or gotten upon that coast : And to 
cutt downe and take such trees and other materialls there growe- 
ing, or being, or [as^ shalbe needefull for that purpose, and for 
all other necessarie easements, helpes, and advantage concerning 
their said trade of fishing there, in such manner and forme as 
they have byn heretofore at any tyme accustomed to doe, without 
making any wilfull waste or spoyle, Any thing in theis presents 
conteyned to the contrarie notwithstanding. . . . 



1628/9] CHARTER OF TRIVILEGES TO PATROONS 43 

No. 9. Charter of Privileges to Patroons 

June 7/17, 1629 

The government of the Dutch West India Company, chartered in 1621, 
was vested in live chambers, or boards, established in as many Dutch cities, 
with a board of nineteen for the exercise of general executive powers. Of the 
chambers, that of Amsterdam was the most important. The region known as 
New Netherland was not named in the charter, but was included within the 
jurisdiction of the Company. On the linal organization of the Company under 
the charter, in 1623, New Netherland was made a province, and placed under 
the immediate control of the Amsterdam chamber. The continued unprofita- 
bleness, however, of the trade of New Netherland, except the fur trade, led to 
a change of policy; and the Charter of Privileges to patroons, drafted in 
March, 1628, but not adopted by the board of nineteen until June, 1629, was 
intended to encourage private individuals to establish settlements at various 
points on the Hudson and Delaware, or North and South, rivers. Numerous 
grievances, occasioned by friction between the patroons and the Company, 
were partially allayed by a new charter in 1640, restricting the area of the 
grants, and encouraging independent settlement; but the feudal privileges of 
the patroons were not interfered with. " Many of the old patroon estates 
long remained undivided, and the heirs of the founders claimed some semi- 
feudal privileges well into the nineteenth century." 

References. — Text in Documents relative to the Colonial History of the 
State of New York, H., 553-557. On the Dutch West India Company, see 
O'Callaghan's History of N^ew Netherland ; the charter of 1621 is in Hazard's^ 
Historical Collections, I., 121-131. See also Brodhead's History of New York, 
I., chaps. 5 and 6; Winsor's A^arr. and Crit. Hist., IV., chap. 8. 

FREEDOMS AND EXEMPTIONS 

Granted by the Board of the Nineteen of the Incorporated 
West India Company, to all Patroons, Masters or Private 
Persons who will plant Colonies in New Netherland 

I. Such members of the said Company as may be inclined to 
settle a Colonie in New Netherland, shall be permitted to send 
in the ships of this Company going thither, three or four persons 
to inspect the situation of the country, provided that they, with 
the officers and ship's company, swear to the articles, so far as 
they relate to them, and pay for provisions and for passage, going 
and coming, six stivers per diem; and such as desire to eat in 
the cabin, twelve stivers, and to be subordinate and give assistance 
like others, in cases offensive and defensive; and if any ships 



44 CHARTER OF PRIVILEGES TO PATROONS [June 7/17 

be taken from the enemy, they shall receive, pro rata, their pro- 
portions with the ship's company, each according to his quality; 
that is to say, the colonists eating out of the cabin shall be rated 
with the sailors, and those who eat in the cabin with those of the 
Company's servants who eat at table and receive the lowest wages. 

II. Though, in this respect, shall be preferred such persons as 
have first appeared and desired the same from the Company. 

III. All such shall be acknowledged Patroons of New Nether- 
land who shall, within the space of four years next after they 
have given notice to any of the Chambers of the Company here, 
or to the Commander or Council there, undertake to plant a Colo- 

' nie there of fifty souls, upwards of fifteen years old; one-fourth 
part within one year, and within three years after the sending of 
the first, making together four years, the remainder, to the full 
number of fifty persons, to be shipped from hence, on pain, in 
case of wilful neglect, of being deprived of the privileges obtained; 
but it is to be observed that the Company reserve the Island of 
the Manhattes to themselves. 

IV. They shall, from the time they make known the situation 
of the places where they propose to settle Colonies, have the 
preference to all others of the absolute property of such lands as 
they have there chosen; but in case the situation should not after- 
wards please them, or they should have been mistaken as to the 
quality of the land, they may, after remonstrating concerning the 

• same to the Commander and Council there, be at liberty to choose 
another place. 

V. The Patroons, by virtue of their power, shall and may be 
permitted, at such places as they shall settle their Colonies, to 
extend their limits four leagues along the shore, that is, on one 
side of a navigable river, or two leagues on each side of a river, 
and so far into the country as the situation of the occupiers will 
permit; provided and conditioned that the Company keep to 
themselves the lands lying and remaining between the limits of 
Colonies, to dispose thereof, when and at such time as they shall 
think proper, in such manner that no person shall be allowed to 
come within seven or eight leagues of them without their consent, 
unless the situation of the land thereabout be such that the Com- 
mander and Council, for good reasons, should order otherwise; 
always observing that the first occupiers are not to be prejudiced 
in the right they have obtained, other then, unless the service of 



1629] CHARTER OF PRIVILEGES TO PATROONS 45 

the Company should require it, for the building of fortifications, 
or something of that sort; the command of each bay, river or 
island, of the first settled Colonie, remaining, moreover, under 
the supreme jurisdiction of their High Mightinesses the States- 
General and the Company: but that on the next Colonies being 
settled on the same river or island, they may, in conjunction 
with the first, appoint one or more Deputies in order to consider 
what may be necessary for the prosperity of the Colonies on the 
said river and island. 

VI. They shall forever possess and enjoy all the lands lying 
within the aforesaid limits, together with the fruits, rights, min- 
erals, rivers and fountains thereof; as also the chief command 
and lower jurisdictions, fishing, fowling and grinding, to the ex- 
clusion of all others, to be holden from the Company as a per- 
petual inheritance, without it ever devolving again to the Company, 
and in case it should devolve, to be redeemed and repossessed 
with twenty guilders per Colonie, to be paid to this Company, at 
the Chamber here or to their Commander there, within a year and 
six weeks after the same occurs, each at the Chamber where he 
originally sailed from; and further, no person or persons whatso- 
ever shall be privileged to fish and hunt but the Patroons and such 
as they shall permit. And in case any one should in time prosper 
so much as to found one or more cities, he shall have power and 
authority to establish officers and magistrates there, and to make 
use of the title of his Colonie, according to his pleasure and to 
the quality of the persons. 

VII. There shall likewise be granted to all Patroons who shall 
desire the same, venia testandi, or liberty to dispose of their 
aforesaid heritage by testament. 

VIII. The Patroons may, if they think proper, make use of all 
lands, rivers and woods lying contiguous to them, for and during 
so long a time as this Company shall grant them to other Patroons 
or private persons. 

IX. Those who shall send persons over to settle Colonies, shall 
furnish them with proper instructions in order that they may 
be ruled and governed conformably to the rule of government 
made, or to be made, by the Board of the Nineteen, as well 
in the political as in the judicial government; which they shall 
be obliged first to lay before the Directors of the respective 
Chambers. 



46 CHARTER OF PRIVILEGES TO PATROONS [June 7/17 

X. The Patroons and colonists shall be privileged to send their 
people and effects thither, in ships belonging to the Company, 
provided they take the oath, and pay to the Company for bring- 
ing over the people, as mentioned in the first article and for 
freight of the goods, five per cent, ready money, to be reckoned 
on the prime cost of the goods here, in which is, however, not 
to be included such cattle and implements as are necessary for 
the cultivation and improvement of the lands, which the Com- 
pany are to carry over without any reward, if there is room in 
their ships. But the Patroons shall, at their own expense, pro- 
vide and make places for them, together with everything necessary 
for the support of the cattle. 

XL In case it should not suit the Company to send any ships, 
or there should be no room in those sailing thither, then the said 
Patroons, after having communicated their intentions, and after 
having obtained consent from the Company in writing, may send 
their own ships or vessels thither; provided that, in going or 
coming, they go not out of their ordinary course, giving security 
to the Company for the same and taking on board an assistant, 
to be victualed by the Patroons, and paid his monthly wages by 
the Company, on pain, for doing the contrary, of forfeiting all 
right and property they have obtained to the Colonie. 

XII. Inasmuch as it is intended to people the Island of the 
Manhattes first, all fruits and wares that are produced on the lands 
situate on the North river, and 'lying thereabout, shall, for the 
present, be brought there before being sent elsewhere, excepting 
such as are, from their nature, unnecessary there, or such as can- 
not, without great loss to the owner thereof, be brought there, in 
which case the owners thereof shall be obliged to give timely 
notice in writing of the difficulty attending the same to the Com- 
pany here, or the Commander and Council there, that the same 
may be remedied as the necessity thereof shall be found to 
require. 

XIII. All the Patroons of Colonies in New Netherland, and 
of Colonies on the Island of Manhattes, shall be at liberty to sail 
and traffic all along the coast, from Florida to Terra Neuf, pro- 
vided that they do again return with all such goods as they shall 
get in trade to the Island of Manhattes, and pay five per cent 
duty to the Company, in order, if possible, that, after the neces- 
sary inventory of the goods shipped be taken, the same may be 



1629] CHARTER OF PRIVILEGES TO PATROONS 47 

sent hither. And if it should so happen that they could not 
return, by contrary streams or otherwise, they shall, in such case, 
not be permitted to bring such goods to any other place but to 
these dominions, in order that, under the inspection of the 
Directors of the place where they may arrive, they may be un- 
laden, an inventory thereof made, and the aforesaid duty of five 
per cent paid to the Company here, on pain, if they do the con- 
trary, of the forfeiture of their goods so trafficked for, or the real 
value thereof. 

XIV. In case the ships of the Patroons, in going to, or coming 
from, or sailing on the coast from Florida to Terra Neuf, and no 
further, without our grant, should overpower any prizes of the 
enemy, they shall be obliged to bring, or cause to be brought, 
such prize to the Chamber of the place from whence they sailed 
out, in order to be rewarded by it; the Company shall keep the 
one-third part thereof, and the remaining two-thirds shall belong 
to them, in consideration of the cost and risk they have been at, 
all according to the orders of the Company. 

XV. It shall be also free for the aforesaid Patroons to traffic 
and trade all along the coast of New Netherland and places cir- 
cumjacent, with such goods as are consumed there, and receive 
in return for them all sorts of merchandise that may be had there, 
except beavers, otters, minks, and all sorts of peltry, which trade 
the Company reserve to themselves. But the same shall be per- 
mitted at such places where the Company have no factories, con- 
ditioned that such traders shall be obliged to bring all the peltry 
they can procure to the Island of Manhattes, in case it may be, 
at any rate, practicable, and there deliver to the Director, to be 
by him shipped hither with the ships and goods; or, if they 
should come here without going there, then to give notice thereof 
to the Company, that a proper account thereof may be taken, in 
order that they may pay to the Company one guilder for each 
merchantable beaver and otter skin; the property, risk and all 
other charges remaining on account of the Patroons or owners. 

XVI. All coarse wares that the Colonists of the Patroons there 
shall consume, such as pitch, tar, weed-ashes, wood, grain, fish, 
salt, hearthstone and such like things shall be conveyed in the 
Company's ships, at the rate of eighteen guilders per last; four 
thousand weight to be accounted a last, and the Company's ship's 
crew shall be obliged to wheel and bring the salt on board, 



48 CHARTER OF PRIVILEGES TO PATROONS [June 7/17 

whereof ten lasts make a hundred. And, in case of the want of 
ships, or room in the ships, they may order it over, at their own 
cost, in ships of their own, and enjoy in these dominions such 
liberties and benefits as the Company have granted; but, in either 
case, they shall be obliged to pay, over and above the duty of five 
per cent, eighteen guilders for each hundred of salt that is carried 
over in the Company's ships. 

XVII. For all wares which are not mentiond in the foregoing 
article, and which are not carried by the last, there shall be paid 
one dollar for each hundred pounds weight; and for wines, 
brandies, verjuice and vinegar, there shall be paid eighteen 
guilders per cask. 

XVIII. The Company promises the colonists of the Patroons 
that they shall be free from customs, taxes, excise, imposts or 
any other contributions for the space of ten years; and after the 
expiration of the said ten years, at the highest, such customs as 
the goods pay here for the present. 

XIX. They will not take from the service of the Patroons any 
of their colonists, either man or woman, son or daughter, man- 
servant or maid-servant; and, though any of these should desire 
the same, they will not receive them, much less permit them to 
leave their Patroons, and enter into the service of another, unless 
on consent obtained from their Patroons in writing, and this for 
and during so many years as they are bound to their Patroons; 
after the expiration whereof, it shall be in the power of the 
Patroons to send hither all such colonists as will not continue in 
their service, who until then shall not enjoy their liberty. And 
any colonist who shall leave the service of his Patroon, and enter 
into the service of another, or shall, contrary to his contract, 
leave his service, we promise to do everything in our power to 
apprehend and deliver the same into the hands of his Patroon or 
attorney, that he may be proceeded against according to the cus- 
toms of this country, as occasion may require. 

XX. From all judgments given by the Courts of the Patroons 
for upwards of fifty guilders, there may be an appeal to the Com- 
pany's Commander and Council in New Netherland. 

XXI. In regard to such private persons as on their own 
account, or others in the service of their masters here (not enjoy- 
ing the same privileges as the Patroons), shall be inclined to go 
thither and settle, they shall, with the approbation of the Director 



1 629] CHARTER OF PRIVILEGES TO PATROOxVS 49 

and Council there, be at liberty to take up and take possession 
of as much land as they shall be able properly to improve, and 
shall enjoy the same in full property either for themselves or 
masters. 

XXII. They shall have free liberty of hunting and fowling, as 
well by water as by land, generally, and in public and private 
woods and rivers about their Colonies, according to the orders 
of the Director and Council. 

XXIII. Whosoever, whether colonists of Patroons for their 
Patroons, or free persons for themselves, or others for their mas- 
ters, shall discover any shores, bays or other fit places for erecting 
fisheries, or the making of salt ponds, they may take possession 
thereof, and begin to work on them as their own absolute prop- 
erty, to the exclusion of all others. And it is consented to that 
the Patroons of colonists may send ships along the coast of New 
Netherland, on the cod fishery, and with the fish they catch, 
trade to Italy or other neutral countries, paying in such cases to 
the Company a duty of six guilders per last; and if they should 
come with their lading hither, they shall be at liberty to proceed 
to Italy, though they shall not, under pretext of this consent, or 
leave from the Company, carry any goods there, on pain of arbi- 
trary punishment, and it remaining in the breast of the Company 
to put a supercargo on board each ship, as in the eleventh article. 

XXIV. In case any of the colonists should, by his industry and 
diligence, discover any minerals, precious stones, crystals, mar- 
bles or such like, or any pearl fishery, the same shall be and 
remain the property of the Patroon or Patroons of such Colonic, 
giving and ordering the discoverer such premium as the Patroon 
shall beforehand have stipulated with such colonist by contract. 
And the Patroons shall be exempt from the payment of duty to 
the Company for the term of eight years, and pay only for freight, 
to bring them over, two per cent, and after the expiration of the 
aforesaid eight years, for duty and freight, the one-eighth part of 
what the same may be worth. 

XXV. The Company will take all the colonists, as well free 
as those that are in service, under their protection, and them 
defend against all foreign and domestic wars and powers, with 
the forces they have there, as much as lies in their power. 

XXVI. Whosoever shall settle any Colonic out of the limits 
of the Manhattes Island, shall be obliged to satisfy the Indians 



50 GRANT OF NEW HAMPSHIRE [Nov. 7/17 

for the land they shall settle upon, and they may extend or enlarge 
the limits of their Colonies if they settle a proportionate number 
of colonists thereon. 

XXVII. The Patroons and colonists shall in particular, and in 
the speediest manner, endeavor to find out ways and means 
whereby they may support a Minister and Schoolmaster, that thus 
the service of God and zeal for religion may not grow cool and 
be neglected among them, and they shall, for the first, procure 
a Comforter of the sick there. 

XXVIII. The Colonies that shall happen to lie on the re- 
spective rivers or islands (that is to say, each river or island for 
itself), shall be at liberty to appoint a Deputy, who shall give 
information to the Commander and Council of that Western 
quarter, of all things relating to his Colonic, and further matters 
relating thereto, of which Deputies there shall be one altered or 
changed in every two years; and all Colonies shall be obliged, 
at least once in every twelve months, to make exact report of 
their condition and of the lands thereabout to the Commander 
and Council there, in order to be transmitted hither. 

XXIX. The Colonists shall not be permitted to make any 
woolen, linen or cotton cloth, nor weave any other stuffs there, 
on pain of being banished, and as perjurers, to be arbitrarily 
punished. 

XXX. The Company will use their endeavors to supply the 
colonists with as many Blacks as they conveniently can, on the 
conditions hereafter to be made, in such manner, however, that 
they shall not be bound to do it for a longer time than they shall 
think proper. 

XXXI. The Company promise to finish the fort on the Island 
of the Manhattes, and to put it in a posture of defence without 
delay. 



No. 10. Grant of New Hampshire 

November 7/17, 1629 

The New Hampshire patent of 1629 is of the same form and tenor as the 
patent of 1622 [No. 7], but with restricted boundaries. Only the portion 
defining the boundaries is here given. 

References. — Text in Hazard's Historical Collections, I., 289-293. 



1629] PLYMOUTH PATENT ^1 

[The patent recites the grant of 1620 to the Council for New 
England, and continues :] 

Now THIS Indenture witnesseth, That the said President and 
Council ... do give, grant . . . and confirm unto the said Cap- 
tain John Mason, his Heires and Assigns, all that Part of the 
main Land in New-England, lying upon the Sea Coast, beginning 
from the middle Part of Merrimack River, and from thence to 
proceed northwards along the Sea Coast to Piscataqua River, and 
so forwards up within the said River, and to the furthest Head 
thereof, and from thence northwestwards, until three Score Miles 
be finished from the first Entrance of Piscataqua River, and also 
from Merrimack through the said River, and to the furthest Head 
thereof, and so forwards up into the Lands westwards until three 
Score Miles be finished; and from thence to cross over Land to 
the three Score Miles, and accompted from Piscataqua River, 
together with all Islands and Islets within Five Leagues Distance 
of the Premisses, and abutting upon the same or any Part or 
Parcel thereof; . . . which said Portions of Lands with the 
Appurtenances, the said Captain John Mason, with the Consent of 
the President and Council, intends to name iV^a/-Z/'«w/iV«>r .• . . . 



No. II. Plymouth Patent 

January 13/23, 1629/30 

It was the original intention of the Separatists in Flolland to settle near the 
Hudson River, within the limits of the Virginia Company; and a patent was 
accordingly obtained from the Company, June 9/19, 1619. The establishment 
of the colony at Plymouth, outside the territory of the Virginia Company, 
made the patent useless; and a grant was next obtained, June l/il, 1621, 
from the Council for New England, being the first grant made by the Council. 
The patent was temporarily superseded by a grant of April 20/30, 1622, in 
the name and for the benefit of John Pierce; this was later assigned to the 
Merchant Adventurers of London for ;^500. The patent of Jan. 13/23, 
1629/30, was granted to Bradford and others, through the agency of Allerton. 
In March, 1640/41, this patent was assigned to the freemen of New Plymouth. 
Neither of the^Plymouth patents was confirmed by the Crown, and the colony 
never' obtained a royal charter. Only so much of the patent of 1629/30 is 
her5~gi*veTras~cl'elihes the limits of the grant. 

References. — Text in Brigham's Laws of New Plymouth, z\-i(i. The 
patent of 1621, with notes by Deane, is in Mass. Hist. Coll., Fourth Series, IL, 
156-163. The act of surrender, 1640, is in Hazard's Historical Collections, L, 
468, 469. For general references, see under No. 5. 



52 PLYMOUTH PATENT [Jan. 13/23 

[The patent recites the grant of 1620 to the Council for New 
England, and continues :] 

Now knowe yee that the said councell by virtue and authority 
of his said late Majesty's letters pattents and for and in considera- 
tion that William Bradford and his associatts have for these nine 
yeares lived in New Englande aforesaid and have there inhabited 
and planted a towne called by the name of New Plimouth att their 
own proper costs and charges: And now seeinge that'by the 
speciall providence of god, and their extraordinary care and in- 
dustry they have increased their plantation to neere three hundred 
people, and are uppon all occasions able to relieve any new 
planters or others his Majesty's subjects whoe may fall uppon 
that coaste; . . . doe . . . graunt . . . unto the said William 
Bradford, his heires, associatts and assignes all that part of New- 
Englande in America aforesaid and tracte and tractes of lande 
that lye within or betweene a certaine rivolet or rundlett there 
commonly called Coahassett alias Conahasset towards the north, 
and the river commonly called Naragansets river towards the 
south; and the great westerne ocean towards the east, and be- 
tweene and within a straight line directly extendinge upp into 
the maine land towards the west from the mouth of the said river 
called Naragansetts river to the utmost limitts and bounds of a 
cuntry or place in New Englande called Pokenacutt alias Sowam- 
sett westward, and another like straight line extendinge itself 
directly from the mouth of the said river called Coahassett alias 
Conahassett towards the west so farr up into the maine lande 
westwardes as the utmost limitts of the said place or cuntry com- 
monly called Pokencutt alias Sowamsett doe extend, togeather 
with one half of the said river called Naragansetts and the said 
rivolett or rundlett called Coahassett alias Conahassett. . . . 
And for as much as they have noe conveniente place either of 
tradinge or fifishinge within their own precints whereby (after soe 
longe travell and great paines,) so hopeful) a plantation may sub- 
siste, as alsoe that they may bee incouraged the better to proceed 
in soe pious a worke which may especially tend to the propagation 
of religion and the great increase of trade to his Majesty's 
realmes, and advancemente of the publique plantation, the said 
councell . . . further . . . graunte . . . unto the said William 
Bradford ... all that tracte of lande or parte of New England 
. . . which lyeth within or betweene and extendeth itself from 



1629/30] CHARTER OF MARYLAND 53 

the utmost limitts of Cobbiseconte alias Comasee-Conte which 
adjoineth to the river of Kenebeke alias Kenebekike towards the 
westerne ocean and a place called the falls at Mequamkike . . . , 
and the space of fifteene Englishe miles on each side of the said 
river commonly called Kenebek river, and all the said river called 
Kenebek that lies within the said limitts and bounds eastward 
westward northward or southward laste above mentioned. . . . 



No. 12. Charter of Maryland 

June 20/30, 1632 

George Calvert, first Lord Baltimore, had been a member of the Virginia 
Company, and, as one of the two principal secretaries of state, was a member 
of the Committee of the Council for Plantation Affairs. In 1620 he purchased 
a tract of land in Newfoundland, for which, under the name of Avalon, he 
obtained from James L, in 1623, a patent as proprietor. He visited his 
province in 1627, with the intention of remaining; but the advantages of the 
region had been exaggerated, and the climate was such as to discourage 
colonization. In 1629 hejwent to Virginia, but was obliged to leave on his 
refusal, as a CathoUc, to take the oaths of allegiance and supremacy. Return- 
ing to England, he obtained from Charles I. a grant of land north of the 
Potomac. Baltimore died shortly before the patent passed the seals, and the 
charter was issued to his son, Cecil, second Lord Baltimore, June 20/30, 1632. 
The region granted to Baltimore had been included in the Virginia grant of 
1609; but the revocation of the third charter in 1624 had left Virginia a royal 
province, with its unsettled portions subject to allotment at the pleasure of the 
king. Former members of the Virginia Company protested against the grant ; 
but the protest was ineffectual, and Virginia was directed to befriend the new 
colony. The charter of Maryland, modelled on that of Avalon, " conferred 
on the grantee probably the most extensive political privileges ever enjoyed 
by an English subject, since the great houses had bowed before the successive 
oppression of Yorkist and Tudor rule " (Doyle). 

References. — Text, Latin and English, in Bacon's Laws of Maryland. 
The early legislation of the colony may be followed in Bacon, and in Mary- 
land Archives, I. See also Scharf's History of Maryland, I.; Bozman's 
History of Maryland, II.; McMahon's Hist. Vie7u of the Government of 
Maryland, I. ; Sainsbury's Calendar of State Papers, Colonial, I. ; Browne's 
Georgius and Cecilius Calvert ; Winsor's Narr. and Crit. Hist., III., chap, 13. 

CHARLES, by the grace of GOD, of England, Scotland, 
France, and Irelafid, 3Hving, Defender of the Faith, &c. To all 
to whom these Presents shall come, Greeting. 

II. Whereas our well beloved and right trusty Subject C-^^- 



54 CHARTER OF MARYLAND [June 20/30 

CILIUS CALVERT, Baron of BALTIMORE, in our Kingdom 
of Ireland, Son and Heir of George Calvert, Knight, late Baron 
of Baltimore, in our said Kingdom of Ireland, treading in the 
Steps of his Father, being animated with a laudable, and pioug 
Zeal for extending the Christian Religion, and also the Territories 
of our Empire, hath humbly besought Leave of Us, that he may 
transport, by his own Industry, and Expence, a numerous Colony 
of the English Nation, to a certain Region, herein after described, 
in a Country hitherto uncultivated, in the Parts of America, and 
partly occupied by Savages, having no Knowledge of the Divine 
Being, and that all that Region, with some certain Privileges, 
and Jurisdictions, appertaining unto the wholesome Govern- 
ment, and State of his Colony and Region aforesaid, may by our 
Royal Highness be given, granted, and confirmed unto him, and 
his Heirs. 

111. Know ye therefore, that WE, encouraging with our Royal 
Favour, the pious and noble Purpose of the aforesaid Barons of 
BALTIMORE, ... by this our present CHARTER ... do 
Give, Grant, and Confirm, unto the aforesaid C^ECILIUS, now 
Baron of BALTIMORE, his Heirs, and Assigns, all that Part 
of the Peninsula, or Chersonese, lying in the Parts of America, 
between the Ocean on the East, and the Bay of Chesapeake on 
the West, divided from the Residue thereof by a Right Line 
drawn from the Promontory, or Head-Land, called Walkings 
Point, situate upon the Bay aforesaid, near the River of Wighco, 
on the West, unto the Main Ocean on the East; and between 
that Boundary on the South, unto that Part of the Bay of Dela- 
ware on the North, which lyeth under the Fortieth Degree of 
North Latitude from the Equinoctial, where New-England is 
terminated: And all the Tract of that Land within the Metes 
underwritten {that is to say) passing from the said Bay, called 
Delaware Bay, in a right Line, by the Degree aforesaid, unto 
the true Meridian of the first Fountain of the River of Pattow- 
mack, thence verging towards the South, unto the further Bank 
of the said River, and following the same on the West and South, 
unto a certain Place called Cinquack, situate near the Mouth of 
the said River, where it disembogues into the aforesaid Bay of 
Chesapeake, and thence by the shortest Line unto the aforesaid 
Promontory, or Place, called Watkin's Point ; so that the whole 
Tract of Land, divided by the Line aforesaid, between the Main 



1632] CHARTER OF MARYLAND 55 

Ocean, and Watkin^s Point, unto the Promontory called Cape- 
Charles, and every the Appendages thereof, may entirely remain 
excepted for ever to US, our Heirs, and Successors. 

IV. Also We do Grant, and likewise confirm unto the said 
Baron of BALTIMORE, ... all Islands and Islets within the 
Limits aforesaid, all and singular the Islands and Islets, from 
the Eastern Shore of the aforesaid Region, towards the East, 
which have been, or shall be formed in the Sea, situate within 
Ten marine Leagues from the said Shore; . . . And furthermore 
the Patronages, and Advowsons of all Churches which (with the 
increasing Worship and Religion of CHRIST) within the said 
Region . . . , hereafter shall happen to be built, together with 
Licence and Faculty of erecting and founding Churches, Chapels, 
and Places of Worship, in convenient and suitable Places, within 
the Premises, and of causing the same to be dedicated and con- 
secrated according to the Ecclesiastical Laws of our Kingdom of 
England, with all, and singular such, and as ample Rights, Juris- 
dictions, Privileges, Prerogativ>es, Royalties, Liberties, Immuni- 
ties, and royal Rights, and temporal Franchises whatsoever, as 
well by Sea as by Land, within the Region . . . aforesaid, to be 
had, exercised, used, and enjoyed, as any Bishop of Durham, 
within the Bishoprick or County Palatine of Durham, in our 
Kingdom of England, ever heretofore hath had, held, used, or 
enjoyed, or of Right could, or ought to have, hold, use, or enjoy. 

V. And WE do by these Presents . . . make, create and con- 
stitute Him, the now Baron of BALTIMORE, and his Heirs, 
the True and absolute Lords and Proprietaries of the Region 
aforesaid, and of all other the Premises (except the before ex- 
cepted) saving always the Faith and Allegiance and Sovereign 
Dominion due to US . . . ; TO HOLD of US ... as of our 
Castle of Windsor, in our County of Berks, in free and common 
SoccAGE, by Fealty only for all Services, and not In capite, nor 
by Knight's Service, YIELDING therefore unto US . . . two 
Indian Arrows of those Parts, to be delivered at the said Castle 
of Windsor, every Year, on Tuesday in Easter- Week : And also 
the fifth Part of all Gold and Silver Ore, which shall happen 
from Time to Time, to be found within the aforesaid limits. 

VL Now, That the aforesaid Region, thus by us granted and 
described, may be eminently distinguished above all other 
Regions of that Territory, and decorated with more ample Titles, 



56 CHARTER OF MARYLAND [June 20/30 

KNOW YE, that WE . . . have thought fit that the said Region 
and Islands be erected into a PROVINCE, as out of the pleni- 
tude of our royal power and prerogative, WE do . . . erect and 
INCORPORATE the Same into a PROVINCE, and nominate the 
same MARYLAND, by which name WE will that it shall from 
henceforth be called. 

VII. And forasmuch as WE have above made and ordained 
the aforesaid now Baron of BALTIMORE, the true Lord and 
Proprietary of the whole Province aforesaid, KNOW YE therefore 
further, that WE ... do grant unto the said now Baron, (in 
whose Fidelity, Prudence, Justice, and provident Circumspection 
of Mind, WE repose the greatest Confidence) and to his Heirs, for 
the good and happy Government of the said province, free, full, 
and absolute Power, by the tenor of these Presents, to Ordain, 
Make, and Enact LAWS, of what kind soever, according to their 
sound Discretions, whether relating to the Public State of the 
said province, or the private Utility of Individuals, of and with 
the Advice, Assent, and Approbation of the Free-Men of the same 
PROVINCE, or of the greater Part of them, or of their Delegates or 
Deputies, whom WE will shall be called together for the framing 
of LAWS, when, and as often as Need shall require, by the afore- 
said now Baron of BALTIMORE, and his Heirs, and in the 
Form which shall seem best to him or them, and the same to pub- 
lish under the Seal of the aforesaid now Baron of BALTIMORE, 
and his Heirs, and duly to execute the same upon all Persons, for 
the Time being, within the aforesaid province, and the Limits 
thereof, or under his or their Government and Power, in Sailing 
towards MARYLAND, or thence Returning, Outward-bound, 
either to England, or elsewhere, whether to any other Part of 
Our, or of any foreign Dominions, wheresoever established, by 
the Imposition of Fines, Imprisonment, and other Punishment 
whatsoever ; even if it be necessary, and the Quality of the 
Offence require it, by Privation of Member, or Life, by him the 
aforesaid now Baron of BALTIMORE, and his Heirs, or by 
his or their Deputy, Lieutenant, Judges, Justices, Magistrates, 
Officers, and Ministers, to be constituted and appointed accord- 
ing to the Tenor and true Intent of these Presents, and to consti- 
tute and ordain Judges, Justices, Magistrates and Officers, of 
what Kind, for what Cause, and with what Power soever, within 
that Land, and the Sea of those Parts, and in such Form as to 



1632] CHARTER OF MARYLAND 57 

the said now Baron of BALTIMORE, or his Heirs, shall seem 
most fitting: And also to Remit, Release, Pardon, and Abolish, 
all Crimes and Offences whatsoever against such Laws, whether 
before, or after Judgment passed; and to do all and singular 
other Things belonging to the Completion of Justice, and to 
Courts, Praetorian Judicatories, and I'ribunals, judicial Forms 
and Modes of Proceeding, although express Mention thereof in 
these Presents be not made ; and, by Judges by them delegated, 
to award Process, hold Pleas, and determine in those Courts, 
Praetorian Judicatories, and Tribunals, in all Actions, Suits, 
Causes, and Matters whatsoever, as well Criminal as Personal, 
Real and Mixed, and Praetorian: ... So Nevertheless, that the 
Laws aforesaid be consonant to Reason and be not repugnant or 
contrary, but (so far as conveniently may be) agreeable to the Laws, 
Statutes, Customs and Rights of this Our Kingdom of England. 

VIIL And Forasmuch as, in the Government of so great a 
PROVINCE, sudden Accidents may frequently happen, to which it 
will be necessary to apply a Remedy, before the Freeholders of 
the said Province, their Delegates, or Deputies, can be called 
together for the framing of Laws; neither will it be fit that so 
great a Number of People should immediately, on such emergent 
Occasion, be called together, WE therefore, for the better 
Government of so great a province, ... do grant . . . that the 
aforesaid now Baron of BALTIMORE ; and his Heirs, by them- 
selves, or by their Magistrates and Officers, thereunto duly to be 
constituted as aforesaid, may, and can make and constitute fit 
and wholesom Ordinances from Time to Time, to be kept and 
observed within the province aforesaid, as well for the Conserva- 
tion of the Peace, as for the better Government of the People 
inhabiting therein, and publickly to notify the same to all Per- 
sons whom the same in any wise do or may affect ... : so that 
the same Ordinances do not, in any Sort, extend to oblige, l)ind, 
change, or take away the Right or Literest of any Person or Per- 
sons, of, or in Member, Life, Freehold, Goods or Chattels. 
*********** 

XVn. Moreover, We will, appoint, and ordain, and by these 
Presents, for US, our Heirs and Successors, do grant unto the 
aforesaid now Baron of BALTIMORE, his Heirs and Assigns, 
that the same Baron of BALTIMORE, his Heirs and Assigns, 
from Time to Time, for ever, shall have, and enjoy the Taxes 



58 CHARTER OF MARYLAND [June 20/36 

and Subsidies payable, or arising within the Ports, Harbours, 
and other Creeks and Places aforesaid, with the Province afore- 
said, for Wares bought and sold, and Things there to be laden, 
or unladen, to be reasonably assessed by them, and the People 
there as aforesaid, on emergent Occasion; to whom WE grant 
Power by these Presents, for US, our Heirs and Successors, to 
assess and impose the said Taxes and Subsidies there, upon just 
Cause, and in due Proportion. 

XVni. And furthermore . . . , WE ... do give . . . unto 
the aforesaid now Baron of BALTIMORE, his Heirs and 
Assigns, full and absolute Licence, Power, and Authority . . . 
[to] assign, alien, grant, demise, or enfeoff so many, such, and 
proportionate Parts and Parcels of the Premises, to any Person 
or Persons willing to purchase the same, as they shall think con- 
venient, to have and to hold ... in Fee-simple, or Fee-tail, or 
for Term of Life, Lives, or Years; to hold of the aforesaid now 
Baron of BALTIMORE, his Heirs and Assigns, by . . . such . . . 
Services, Customs and Rents OF THIS KIND, as to the same 
now Baron of BALTIMORE, his Heirs and Assigns, shall seem 
fit and agreeable, and not immediately of US. . . . 

XIX. We also, . . . do . . . grant Licence to the same Baron 
of BALTIMORE, and to his Heirs, to erect any Parcels of 
Land within the Province aforesaid, into Manors, and in every 
of those Manors, to have and to hold a Court-Baron, and all 
Things which to a Court-Baron do belong; and to have and to 
keep View of Frank- Pledge, for the Conservation of the Peace 
and better Government of those Parts, by themselves and their 
Stewards, or by the Lords, for the Time being to be deputed, of 
other of those Manors when they shall be constituted, and in the 
same to exercise all Things to the View of Frank-Pledge be- 
longing. 

*********** 

XXL And furthermore WE Will . . . that the said province, 
and the Freeholders or Inhabitants ... of the said Colony or 
r^dountry, shall not henceforth be held or reputed a Member or 
tart of the Land of Virginia, or of any other Colony already 
transported, or hereafter to be transported, or be dependent on 
the same, or subordinate in any kind of Government, from which 
WE do separate both the said Province, and Inhabitants thereof, 
and by these Presents do WILL to be distinct, and that they may 



1632] GRANT OF NEW HAMPSHIRE AND MASSONIA 59 

be immediately subject to our Crown of England, and dependent 
on the same for ever. 

*********** 



No. 13. Grant of New Hampshire and 
Massonia 

April 22/ May 2, 1635 

Mason's grant of 1635, given at the general division made by the Council 
for New England in that year, was not confirmed by the King. In 1642-1643 
the settlements about the Piscataqua were absorbed by Massachusetts, and re- 
mained under the jurisdiction of that colony until 1679, when New Hampshire 
became a royal province. In 1685 the province was again united to Massa- 
chusetts. New Hampshire never received a royal charter, but remained a crown 
province until the Revolution. 

References. — Text in Hazard's Historical Collections, I., 384-387. Only 
the definition of boundaries is given here. On the opinion of the attorney- 
general, in 1679, relative to the validity of Mason's grants, see Hubbard's 
Hist, of Nezv England, 612-621, in Mass. Hist. Coll., Second Series, VI. 

[The patent recites the grant of 1620 to the Council for New 
England, and continues:] 

Now know all men by these presents, that the said Counsell of 
New England, in America, being assembled in publick court, 
according to an act made and agreed upon the third day of 
February last past, before the date of these presents . . . , do for 
them and their successors, give, grant, . . . and confirm unto Capt. 
John Mason, Esq; his heyres and assignes, all that part of the 
Mayn Land of New England aforesaid, beginning from the middle 
part of Naumkeck River, and from thence to proceed eastwards 
along the Sea Coast to Cape Anne, and round about the same to 
Pischataway Harbour, and soe forwards up within the river of 
Newgewanacke, and to the furthest head of the said River, and 
from thence northwestwards till sixty miles bee finished, from the 
first entrance of Pischataqua Harbor, and alsoe from Naumkecke 
through the River thereof up into the land west sixty miles, from 
which period to cross over land to the sixty miles end, accompted 
from Pischataway, through Newgewanacke River to the land 
northwest aforesaid; and alsoe all that the South Halfe of the 
Ysles of Sholes, all which lands, with the Consent of the Coun- 



6o FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24 

sell, shall from henceforth be called New-hampshyre : And alsoe 
ten thousand acres more of land in New England aforesaid, on 
the southeast part of Sagadihoc, at the mouth or entrance thereof, 
from henceforth to bee called by the name of Massonia; togeather 
with all and singular Havens, Harbors, Cricks, and Yslands in- 
bayed, and all Islands and Isletts lying within five leagues dis- 
tance of the Mayne Land opposite and abbutting upon the 
Premises or any part thereof, not formerly lawfully granted to any 
by spetiall name; . . . 

^- 

No. 14. Fundamental Orders of Connecticut 

January 14/24, 1638/9 

The region of the Connecticut valley, originally included within the grant 
of 1620 to the Council for New England, became the subject of rival claims 
on the part of New Netherland, Massachusetts, and Plymouth. A patent for 
the territory west of the Narragansett River, given in March, 1631/2, by the 
Earl of Warwick, president of the Council for New England, to Lord Say 
and Sele, Lord Brook, and others, remained unused until 1635, when John 
Winthrop, the younger, arrived with a commission as governor, and built a 
fort at Saybrook, at the mouth of the Connecticut. The Dutch had already 
built a fort at Hartford, and in 1633 traders from Plymouth had established a 
post at Windsor. In the meantime, Massachusetts traders had explored the 
overland route from that colony, and their favorable reports encouraged the 
plan, already under consideration by inhabitants of Dorchester, Watertown, 
and Newtown (Cambridge), to remove to a region where greater religious and 
political freedom, as well as opportunity for material betterment, could be 
enjoyed. The plan of emigration, defeated in 1634, was approved by Massa- 
chusetts the next year, and a commission of government was granted by the 
General Court. In 1635-1636, settlements were planted at Windsor, Wethers- 
field, and Hartford. In 1637 the three towns assumed the control of their 
own affairs, and in January, 1638/9, drew up the constitution known as the 
Fundamental Orders of Connecticut — " the first written constitution known 
to history that created a government." 

References. — Text in Coniiectiait Colonial Records, I., 20-25. Warwick's 
patent of 1631, and Wmthrop's commission, are in Trumbull's History of Con- 
necticut (ed. 1797), I., 525-528. See also Andrews's River Towns of Connecti- 
cut, in Johns "Hopkins Univ. Studies, VII., Nos. 7-9; Trumbull's Connecticut, 
I., chaps. 4, 6; Doyle's Puritan Colonies, I., chap. 5; Johnston's History of 
Connecticut. 

Forasmuch as it hath pleased the Allmighty God by the wise 
disposition of his divyne providence so to Order and dispose of 
things that we the Inhabitants and Residents of Windsor, Harte- 



1638/9] FUNDAMENTAL ORDERS OF CONNECTICUT 6 1 

ford and Wethersfield are now cohabiting and dwelling in and 
uppon tl;ie River of Conectecotte and the Lands thereunto adjoyne- 
ing; And well knowing where a people are gathered togather the 
word of God requires that to raayntayne the peace and union of 
such a people there should be an orderly and decent Goverment 
established according to God, to order and dispose of the affayres 
of the people at all seasons as occation shall require ; doe there- 
fore assotiate and conjoyne our selves to be as one Publike State 
or Commonwelth; and doe, for our selves and our Successors and 
such as shall be adjoyned to us att any tyme hereafter, enter into 
Combination and Confederation togather, to mayntayne and pre- 
searve the liberty and purity of the gospell of our Lord Jesus 
which we now prof esse, as also the disciplyne of the Churches, 
which according to the truth of the said gospell is now practised 
amongst us; As also in our Civell Affaires to be guided and gov- 
erned according to such Lawes, Rules, Orders and decrees as 
shall be made, ordered & decreed, as followeth : — 

1. It is Ordered, sentenced and decreed, that there shall be 
yerely two generall Assemblies or Courts, the on [^one'] the second 
thursday in Aprill, the other the second thursday in September, 
following; the first shall be called the Courte of Election, wherein 
shall be yerely Chosen from tyme to tyme soe many Magestrats 
and other publike Officers as shall be found requisitte: Whereof 
one to be chosen Governour for the yeare ensueing and until! 
another be chosen, and noe other Magestrate to be chosen for 
more than one yeare; provided alhvayes there be sixe chosen 
besids the Governour; which being chosen and svvorne according 
to an Oath recorded for that purpose shall have power to adminis- 
ter justice according to the Lawes here established, and for want 
thereof according to the rule of the word of God; which choise 
shall be made by all that are admitted freemen and have taken 
the Oath of Fidellity, and doe cohabitte within this Jurisdiction, 
(having beene admitted Inhabitants by the major part of the 
Towne wherein they live,) or the mayor parte of such as shall be 
then present. 

2. It is Ordered, sentensed and decreed, that the Election of 
the aforesaid Magestrats shall be on this manner: every person 
present and quail ified for choyse shall bring in (to the persons 
deputed to receave them) one single paper with the name of him 
written in yt whom he desires to have Governour, and he that 



62 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24 

hath the greatest number of papers shall be Governor for that 
yeare. And the rest of the Magestrats or publike Ofificers to be 
chosen in this manner : The Secretary for the tyme being shall 
first read the names of all that are to be put to choise and then 
shall severally nominate them distinctly, and every one that would 
have the person nominated to be chosen shall bring in one single 
paper written uppon, and he that would not have him chosen 
shall bring in a blanke : and every one that hath more written 
papers then blanks shall be a Magistrat for that yeare; which 
papers shall be receaved and told by one or more that shall be 
then chosen by the court and sworne to be faythfull therein; but 
in case there should not be sixe chosen as aforesaid, besids the 
Governor, out of those which are nominated, then he or they 
which have the most written papers shall be a Magestrate or 
Magestrats for the ensueing yeare, to make up the foresaid 
number. 

3. It is Ordered, sentenced and decreed, that the Secretary 
shall not nominate any person, nor shall any person be chosen 
newly into the Magestracy which was not propownded in some 
Generall Courte before, to be nominated the next Election; and 
to that end yt shall be lawfull for ech of the Townes aforesaid by 
their deputyes to nominate any two whom they conceave fitte to 
be put to Election; and the Courte may ad so many more as 
they judge requisitt. 

4. It is Ordered, sentenced and decreed that noe person be 
chosen Governor above once in two yeares, and that the Governor 
be alwayes a member of some approved congregation, and form- 
erly of the Magestracy within this Jurisdiction; and all the 
Magestrats Freemen of this Commonwelth : and that no Mages- 
trate or other publike officer shall execute any parte of his or 
their Office before they are severally sworne, which shall be done 
in the face of the Courte if they be present, and in case of absence 
by some deputed for that purpose. 

5. It is Ordered, sentenced and decreed, that to the aforesaid 
Courte of Election the severall Townes shall send their deputyes, 
and when the Elections are ended they may proceed in any pub- 
like searvice as at other Courts. Also the other Generall Courte 
in September shall be for makeing of lawes, and any other publike 
occation, which conserns the good of the Commonwelth. 

6. It is Ordered, sentenced and decreed, that the Governor 



1638/9] FUNDAMENTAL ORDERS OF CONNECTICUT 63 

shall, ether by himselfe or by the secretary, send out summons to 
the Constables of every Towne for the cauleing of these two stand- 
ing Courts, on [one^ month at lest before their severall tymes: 
And also if the Governor and the gretest parte of the Magestrats 
see cause uppon any spetiall occation to call a generall Courte, 
they may give order to the secretary soe to doe within fowerteene 
dayes warneing; and if urgent necessity so require, uppon a 
shorter notice, giveing sufficient grownds for yt to the deputyes 
.when they meete, or els be questioned for the same; And if the 
Governor and Mayor [Afajor^ parte of Magestrats shall ether 
neglect or refuse to call the two Generall standing Courts or ether 
of them, as also at other tyraes when the occations of the Com- 
monvvelth require, the Freemen thereof, or the Mayor parte of 
them, shall petition to them soe to doe : if then yt be ether de- 
nyed or neglected the said Freemen or the Mayor parte of them 
shall have power to give order to the Constables of the severall 
Townes to doe the same, and so may meete togather, and chuse 
to themselves a Moderator, and may proceed to do any Acte of 
power, which any other Generall Courte may, 

7. It is Ordered, sentenced and decreed that after there are 
warrants given out for any of the said Generall Courts, the Con- 
stable or Constables of ech Towne shall forthwith give notice 
distinctly to the inhabitants of the same, in some Publike Assem- 
bly or by goeing or sending from howse to howse, that at a place 
and tyme by him or them lymited and sett, they meet and assemble 
them selves togather to elect and chuse certen deputyes to be att 
the Generall Courte then following to agitate the afayres of the 
commonwelth; which said Deputyes shall be chosen by all that 
are admitted Inhabitants in the severall Townes and have taken 
the oath of fidellity; provided that non be chosen a Deputy for 
any Generall Courte which is not a Freeman of this Commonwelth. 
The foresaid deputyes shall be chosen in manner following: 
every person that is present and quallified as before expressed, 
shall bring the names of such, written in severall papers, as they 
desire to have chosen for that Imployment, and these 3 or 4, 
more or lesse, being the number agreed on to be chosen for that 
tyme, that have greatest number of papers written for them shall 
be deputyes for that Courte; whose names shall be endorsed on 
the backe side of the warrant and returned into the Courte, with 
the Constable or Constables hand unto the same. 



64 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24 

8. It is Ordered, sentenced and decreed, that Wyndsor, Hart- 
ford and Wethersfield shall have power, ech Towne, to send fower 
of their freemen as their deputyes to every Generall Courte; and 
whatsoever other Townes shall be hereafter added to this Juris- 
diction, they shall send so many deputyes as the Courte shall 
judge meete, a resonable proportion to the number of Freemen 
that are in the said Townes being to be attended therein; which 
deputyes shall have the power of the whole Towne to give their 
voats and alowance to all such lawes and orders as may be for the «, 
publike good, and unto which the said Townes are to be bownd. 

9. It is ordered and decreed, that the deputyes thus chosen 
shall have power and liberty to appoynt a tyme and a place of 
meeting togather before any Generall Courte to advise and con- 
sult of all such things as may concerne the good of the publike, 
as also to examine their owne Elections, whether according to 
the order, and if they or the gretest parte of them find any elec- 
tion to be illegall they may seclud such for present from their 
meeting, and returne the same and their resons to the Courte; 
and if yt prove true, the Courte may-fyne the party or partyes so 
intruding and the Towne, if they see cause, and give out a war- 
rant to goe to a newe election in a legall way, either in parte or 
in whole. Also the said deputyes shall have power to fyne any 
that shall be disorderly at their meetings, or for not comming 
in due tyme or place according to appoyntraent; and they may 
returne the said fynes into the Courte if yt be refused to be paid, 
and the Tresurer to take notice of yt, and to estreete or levy the 
same as he doth other fynes. 

io. It is Ordered, sentenced and decreed, that every Generall 
Courte, except such as through neglecte of the Governor and the 
greatest parte of Magestrats the Freemen themselves doe call, shall 
consist of the Governor, or some one chosen to moderate the 
Court, and 4 other Magestrats at lest, with the mayor parte of 
the deputyes of the severall Townes legally chosen; and in case 
the Freemen or mayor parte of them, through neglect or refusall 
of the Governor and mayor parte of the magestrats, shall call a 
Courte, it shall consist of the mayor parte of Freemen that are 
present or their deputyes, with a Moderator chosen by them: In 
which said Generall Courts shall consist the supr.eme power of the 
Coramonwelth, and they only shall have power to make lawes or 
repeale them, to graunt levyes, to admitt of Freemen, dispose of 



1638/9] GRANT OF THE PROVINCE OF MAINE 65 

lands undisposed of, to severall Townes or persons, and also shall 
have power to call ether Courte or Magestrate or any other person 
whatsoever into question for any misdemeanour, and may for just 
causes displace or deale otherwise according to the nature of the 
offence; and also may deale in any other matter that concerns 
the good of this commonwelth, excepte election of Magestrats, 
which shall be done by the whole boddy of Freemen. 

In which Courte the Governour or Moderator shall have power 
to order the Courte to give liberty of spech, and silence unceason- 
able and disorderly speakeings, to put all things to voate, and in 
case the vote be equall to have the casting voice. But non of 
these Courts shall be adjorned or dissolved without the consent 
of the major parte of the Court. 

II. It is ordered, sentenced and decreed, that when any 
Generall Courte uppon the occations of the Commonwelth have 
agreed uppon any summe or sommes of mony to be levyed uppon 
the severall Townes within this Jurisdiction, that a Committee 
be chosen to sett out and appoynt what shall be the proportion 
of every Towne to pay of the said levy, provided the Committees 
be made up of an equall number out of each Towne. 



No. 15. Grant qf the Province of Maine 

April 3/13, 1639 

Various grants by the Council for New England, prior to the general 
division of 1634/5, had included the whole region from the Piscataqua to the 
Penobscot, while both sides of the Kenneliec were also claimed by Plymouth 
under the patent of 1629/30 (No. 11). The portion which fell to Gorges in 
the general division received the name of New Somersetshire; and this, with 
enlarged boundaries, was confirmed by the royal charter of 1639. There were 
already a number of settlements along the coast. Conflicting claims under 
other grants led to frequent and vexatious disputes, which Gorges, as an active 
royalist in England, was in no position to deal with successfully. In 1649, 
some two years after the death of Gorges, the settlements between Cape 
Porpoise and the Piscataqua established a government of their own, and so 
continued until 1652-1653, when they united with Massachusetts; by 165S the 
remaining eastern settlements were also absorbed. After the Restoration, the 
Gorges claim was revived by Ferdinando Gorges, grandson of the former 
proprietor; and in 1665 the royal commissioners set up a provisional govern- 
ment, and forbade Massachusetts to exercise jurisdiction over the province; 
F 



66 GRANT OF THE PROVINCE OF MAINE [April 3/13 

but three years later, the provisional government having ceased to be of 
importance, the authority of Massachusetts was again quietly asserted. In 
1675/6 representatives of Massachusetts were summoned to England to 
answer complaints. The decision confirmed Gorges's title, and excluded 
Maine from the jurisdiction of Massachusetts; but in March, 1677/8, the 
latter colony purchased the Gorges title for ,^^1,250, and thenceforward gov- 
erned Maine as lord proprietor. 

The charter of Maine, like that of Maryland, erected the colony into a 
palatinate, with Gorges as lord paramount; but the condition of the province 
prevented effectual use of the extensive powers granted. Only so much of the 
charter is here given as defines the boundaries of the province. 

References. — I'ext in Poore's Federal and State Cojtstitutions, I., 774- 
783. For the life and papers of Gorges, see Baxter's Sir Ferdinando Gorges 
and his Province of Maine (Prince Soc. Publ.) ; the Brief Relation is in ib., I. 
The ordinances of 1639, for the government of the province, are also in 
Sullivan's History of Maine, 413-421. 

Whereas Sir Ferdinando Gorges Knight hath been an humble 
suitor unto us to graunte and confirme unto him and his heiires a 
parte and porcon of the Countrie of America now commonly 
called or knowne by the name of New England in America here- 
after in theise Presents described by the meets and boundes 
thereof . . . which parte or porcon of the said Countrie wee have 
heretofore . . . taken into actuall and reall possession or in de- 
faulte of such actuall and reall possession formerly taken Wee 
Doe by theise Presents . . . take the same into our . . . possession 
Knowe yee therefore that . . . Wee ... by these Presents . . . 
Doe give graunte and confirme unto the said Sir Fardinando 
Gorges his heires and assignes All that Parte ... of the Mayne 
Lande of New England aforesaid beginning att the entrance of 
Pascataway Harbor and soe to passe upp the same into the River 
of Newichewanocke and through the same unto the furthest heade 
thereof and from thence Northwestwards till one hundred and 
twenty miles bee finished and from Pascataway Harbor mouth 
aforesaid Northeastwards along the Sea Coasts to Sagadahocke 
and upp the River thereof to Kynybequy River and through the 
same unto the heade thereof and into the Lande Northwestwards 
untill one hundred and twenty myles bee ended being accompted 
from the mouth of Sagadahocke and from the period of one hun- 
dred and twenty myles aforesaid to crosse over Lande to the one 
hundred and twenty myles end formerly reckoned upp into the 
Lande from Pascataway Harbor through Newichewanocke River 
and alsoe the Northe halfe of the Isles of Shoales togeather with 



1639] FUNDAMENTAL AkTlCLES OF NEW HAVEN 6/ 

the Isles of Capawock and Nawtican neere Cape Cod as alsoe all 
the Islands and Iletts lyeinge within five leagues of the Mayne 
all alonge the aforesaide Coasts betweene the aforesaid River of 
Pascataway and Segadahocke. ... All which said Part ... of 
the Mayne Lande and all and every the Premisses herein before 
named Wee Doe . . . create and incorporate into One Province 
or Countie . . . [to] ... be called and named the Province or 
Countie of Mayne. . . . 



No. 16. Fundamental Articles of New Haven 

June 4/14, 1639 

A SETTLEMENT at New Haven was made in April, 1638, by a party of emi- 
grants under the lead of John Davenport, a prominent nonconformist minister 
of London, and Theophilus Eaton, a wealthy London merchant and former 
deputy governor of the East India Company. Most of the party had arrived 
at Boston in the summer of 1637, and were offered strong inducements to 
remain in Massachusetts; but the rehgious condition of that colony, just 
emerging from the Hutchinsonian controversy, and a desire to found an 
independent state on a scriptural model, determined them to remove to 
Connecticut. For a year they lived under a "plantation covenant," appar- 
ently an ecclesiastical as well as corporate agreement, in the meantime 
acquiring title to the land by deeds from the Indians. The Fundamental 
Articles were agreed upon June 4/14, 1639; in October the first general 
court was held, and the government established, with Eaton as governor. 

References. — Text in New Haven Colonial Reco7-ds (1638-1649), pp. 1 1- 
17. On the early history of New Haven, see Trumbull's Connecticut (ed. 
1797)' chap. 6 ; Levermore's Republic of New Haven, chap, i ; Johnston's 
Connecticut, chap. 7; Bacon's Civil Government in the New Haven Colony, 
in New Haven Hist. Soc. Papers, I., 11-27; Dexter's Life and Writings of 
John Davenport, ib., II., 205-238; Bacon's Historical Discourses ; Doyle's 
Puritan Colonies, I., 254-267. 

The 4th day of the 4th moneth called June 1639, all the free 
planters assembled together in a ge[neral*] meetinge to consult 
about settling civill Government according to God, and about 
the nomination of persons thatt might be founde by consent of 
all fittest in all respects for the foundation worke of a church 
w[hich] was intend to be gathered in Quinipieck. After solemne 
invocation of the name of God in prayer [for] the presence and 
help of his speritt, and grace in those weighty businesses, they 

* Words and letters in brackets are obliterated or illegible in the original. 



68 FUNDAMENTAL ARTICLES OF NEW HAVEN [June 4/14 

were reminded of t[he] busines whereabout they mett [viz] for 
the establishment of such civill order as might be most p[leas]ing 
unto God, and for the chuseing the fittest men for the foundation 
worke of a church to be gather[ed.J For the better inableing 
them to discerne the minde of God and to agree accordingly con- 
cerning the establishment of civill order, Mr. John Davenport 
propounded divers quaeres to them publiquely praying them to 
consider seriously in the presence and feare of God the weight 
of the busines they met about, and nott to be rash or sleight in 
giveing their votes to things they understoode nott, butt to digest 
fully and throughly whatt should be propounded to them, and 
without respect to men as they should be satisfied and perswaded 
in their owne mindes to give their answers in such sort as they 
would be willing they should stand upon recorde for posterity. 

This being earnestly pressed by Mr. Davenport, Mr. Robt. 
Newman was intreated to write in carracters and to read dis- 
tinctly and audibly in the hearing of all the people whatt was 
propounded and accorded on that itt might appeare thatt all con- 
sented to matters propounded according to words written by him. 

Qu/ER. I. Whether the Scripturs doe holde forth a perfect rule 
for the direction and government of all men in all duet[ies] which 
they are to perfornie to God and men as well in the government 
of famylyes and commonwealths as in matters of the chur. 

This was assented unto by all, no man dissenting as was ex- 
pressed by holding up of hands. Afterward itt was read over to 
them thatt they might see in whatt words their vote was expressed : 
They againe expressed their consent thereto by holdeing up their 
hands, no man dissenting. 

QUiER. 2. Whereas there was a covenant solemnly made by the 
whole assembly of free-planters of this plantation the first day of 
extraordenary humiliation which wee had after wee came together, 
thatt as in matters thatt concerne the gathering and ordering of 
a chur. so likewise in all publique offices which concerne civill 
order, as choyce of magistrates and officers, makeing and repeal- 
ing of lawes, devideing allottments of inheritance and all things 
of like nature we would all of us be ordered by those rules which 
the scripture holds forth to us. This covenant was called a plan- 
tation covenant to distinguish itt from [a] chur. covenant which 
could nott att thatt time be made, a chur. nott being then gath- 
ered, butt was deferred till a chur. might be gathered according 



1639] FUNDAMENTAL ARTICLES OF NEW HAVEN 69 

to God : Itt was demaunded whether all the free planters doe 
holde themselves bound by thatt covenant in all businesses of 
thatt nature which are expressed in the covenant to submitt them- 
selves to be ordered by the rules held forth in the scripture. 

This also was assented unto by all, and no man gainesaid itt, 
and they did testefie the same by holde[ing] up their hands both 
when itt was first propounded, and confirmed the same by holde- 
ing up their hands when itt was read unto them in publique. . . . 

Qu^R. 3. Those who have desired to be received as free 
planters, and are settled in the plantation with a purp[ose,] reso- 
lution and desire thatt they may be admitted into chur. fellowship 
according to Christ as soone [as] God shall fitt them thereunto: 
were desired to express itt by holdeing up of hands: Accordingly 
a[ll] did expresse this to be their desire and purpose by holdeing 
up their hands twice, [viz] both att the [pro]posall of itt, and 
after when these written words were read unto them. 

QUiER. 4. All the free planters were called upon to expresse 
whether they held themselves bound to esta[blish] such civill 
order as might best conduce to the secureing of the purity and 
peace of the ordina[nces] to themselves and their posterity 
according to God. In answer hereunto they expressed by hold- 
[ing] up their hands twice as before, thatt they held them selves 
bound to establish such [civil order] as might best conduce to 
the ends aforesaid. 

Then Mr. Davenport declared unto them by the scripture whatt 
kinde of persons might best be trusted with matters of govern- 
ment, and by sundry arguments from scripture proved that such 
men as were discrib[ed] in E^od. 18. 2. Deut. i. 13, with 
Deut. 17. 15, and i. Cor. 6: i to 7, ought to be intrusted by 
them, seeing [they] were free to cast themselves into thatt mould 
and forme of common wealth which appeareth best for them in 
referrence to the secureing of the pure and peaceable injoyment 
of all Christ his ordinances [in] the church according to God, 
whereunto they have bound themselves as hath beene acknowl- 
edged. Having thus said he satt downe, praying the company 
freely to consider whether they would have [it] voted att this 
time or nott : After some space of silence Mr. Theophilus Eaton 
answered itt mi[ght] be voted, and some others allso spake to 
the same purpose, none att all opposeing itt. Then itt was pro- 
pounded to vote. 



yo FUNDAMENTAL ARTICLES OF NEW HAVlEN [June 4/14 

Qu^R. 5. Whether Free Burgesses shalbe chosen out of chur. 
members they thatt are in the foundat[ion] worke of the church 
being actually free burgesses, and to chuse to themselves out of 
the li[kej estate of church fellowship and the power of chuseing 
magistrates and officers from among themselves and the power 
off makeing and repealing lawes according to the worde, and the 
devideing of inheritances and decideing of differences thatt may 
arise, and all the buisnesses of like nature are to be transacted 
by those free burgesses. 

This was putt to vote and agreed unto by the lifting up of 
hands twice as in the former itt was done. Then one man stood 
up after the vote was past, and expressing his dissenting from the 
rest in part yett grantinge i. That magistrates should be men 
fearing God. 2. Thatt the church is the company whence 
ordenaryly such men maybe expected. 3. Thatt they that chuse 
them ought to be men fearing God : onely att this he stuck. That 
free planters ought nott to give this power out of their hands: 
Another stood up and answered that in this case nothing was done 
but with their consent. The former answered thatt all the free 
planters ought to resume this power into their owne hands againe 
if things were not orderly carryed. Mr. Theophilus Eaton an- 
swered thatt in all places they chuse committyes, in like manner 
the companyes of London chuse the liveryes by whom the pub- 
lique magistrates are chosen. In this the rest are not wronged 
because they expect in time to be of the livery themselves, and 
to have the same power. Some others intreated the former to 
give his arguments and reasons whereupon he dissented. He 
refused to doe itt and said they might nott rationally demaund 
itt, seeing he left the vote passe on freely and did nott speake 
till after itt was past, because he would nott hinder whatt they 
agreed upon. Then Mr. Davenport, after a short relation of 
some former passages betweene them two about this quest, prayed 
the company thatt nothing might be concluded by them in this 
weighty quest, butt whatt themselves were perswaded to be agree- 
ing with the minde of God and they had heard whatt had beene 
said since the voteing, intreated them againe to consider of itt, 
and put itt againe to vote as before. — Againe all of them by 
holding up their hands did shew their consent as before, And 
some of them professed thatt whereas they did waver before they 
came to the assembly they were now fully convinced thatt itt is 



1639] FUNDAMENTAL ARTICLES OF NEW HAVEN /I 

the minde of God. One of them said that in the morning, before 
he came, reading Deut. 17. 15. he was convinced att home, 
another said thatt he came doubting to the assembly butt he 
blessed God by whatt had beene saide he was now fully satisfied 
thatt the choyce of burgesses out of chur. members, and to intrust 
those with the power before spoken off is according to the minde 
of God revealed in the scriptures. All haveing spoken their 
apprehensions, itt was agreed upon, and Mr. Robert Newman was 
desired to write itt as an order whereunto every one thatt here- 
after should be admitted here as planters should submitt and 
testefie the same by subscribeing their names to the order, namely, 
that church members onely shall be free burgesses, and thatt they 
onely shall chuse magistrates & officers among themselves to have 
the power of transacting all the publique civill affayres of this 
Plantation, of makeing and repealing lawes, devideing of inheri- 
tances, decideing of differences thatt may arise and doeing all 
things or businesses of like nature. 

This being thus settled as a foundamentall agreement concern- 
ing civill government. Mr. Davenport proceeded to propound 
some things to consideration aboute the gathering of a chur. 
And to prevent the blemishing of the first beginnings of the chur. 
worke, Mr. Davenport advised thatt the names of such as were to 
be admitted might be publiquely propounded, to the end thatt 
they who were most approved might be chosen, for the towne 
being cast into severall private meetings wherein they thatt dwelt 
nearest together gave their accounts one to another of Gods gra- 
cious worke upon them, and prayed together and conferred to 
their mutuall edification, sundry of them had knowledg one of 
another, and in every meeting some one was more approved of 
all then any other. For this reason, and to prevent scandalls, the 
whole company was intreated to consider whom they found fittest 
to nominate for this worke. 

QUiER. 6. Whether are you all willing and doe agree in this 
thatt twelve men be chosen thatt their fitnesse for the foundation 
worke may be tried, however there may be more named yett itt 
may be in their power who are chosen to reduce them to twelve, 
and itt be in the power of those twelve to chuse out of themselves 
seaven that shall be most approved of the major part to begin the 
church. 

This was agreed upon by consent of all as was expressed by 



72 MASSACHUSETTS BODY OF LIBERTIES [December 

holdeing up of hands, and thatt so many as should be thought 
fitt for the foundation worke of the church shall be propounded 
by the plantation, and written downe and passe without exception 
unlesse they had given publique scandall or offence, yett so as in 
case of publique scandall or offence, every one should have lib- 
erty to propound their exception att thatt time publiquely against 
any man that should be nominated when all their names should 
be writt downe, butt if the offence were private, thatt mens names 
might be tendered, so many as were offended were intreated to 
deale with the offender privately, and if he gave nott satisfaction, 
to bring the matter to the twelve thatt they might consider of itt 
impartially and in the feare of God. The names of the persons 
nominated and agreed upon were Mr. Theoph. Eaton, Mr. John 
Davenport, Mr. Robert Newman, Mr. Math. Gilbert, Mr. Richard 
Malbon, Mr. Nath : Turner, Eze : Chevers, Thomas Fugill, John 
Ponderson, William Andrewes, and Jer. Dixon. Noe exception 
was brought against any of those in publique, except one about 
takeing an excessive rate for meale which he sould to one of 
Pequanack in his need, which he confessed with griefe and de- 
clared thatt haveing beene smitten in heart and troubled in his 
conscience, he restored such a part of the price back againe with 
confession of his sin to the party as he thought himselfe bound 
to doe. And itt being feared thatt the report of the sin was heard 
farther th[an] the report of his satisfaction, a course was con- 
cluded on to make the satisfaction known to as many as heard 
of the sinn. Itt was also agreed upon att the said meeting thatt 
if the persons above named did finde themselves straitened in 
the number of fitt men for the seaven, thatt itt should be free for 
them to take into tryal of fitnes such other as they should thinke 
meete, provided thatt itt should be signified to the towne upon 
the Lords day who they so take in, thatt every man may be satis- 
fied of them according to the course formerly taken. 



No. 17. Massachusetts Body of Liberties 

December, 1641 

In May, 1635, the General Court of Massachusetts appointed a committee 
to prepare a draft of laws for the colony. The committee was enlarged in 
May, 1636, but no action appears to have been taken. A draft presented in 



1641] MASSACHUSETIS BODY OF LIBERTIES ^t^ 

the latter year by John Cotton was passed over without action. In March, 
1637/8, the freemen of the towns were directed to suggest necessary laws, 
and transmit the same to the governor, for consideration Ijy the council 
and others. In November, 1639, a committee was appointed to digest the 
laws submitted, and lay the draft before the towns for consideration. Finally, 
in December, 1641, the code submitted by Nathaniel Ward was adopted, with 
some amendments, by the General Court. According to Winthrop, the long 
delay was due to a reluctance, on the part of the General Court, to frame laws 
in ailvance of actual conditions, and an indisposition to limit the laws of the 
colony to such as were, in accordance with the requirement of the charter, 
in harmony with the laws of England. 

References. — Facsimile text in Whitmore's Bibliographical Sketch of the 
Laws of the Massachusetts Colony, 32-60. The detailed history of the code 
is given by Whitmore; see also Winthrop's History of N'eio England, I., 
passim ; and Gray's " Remarks on the Early Taws of Massachusetts Bay," in 
Mass. Hist. Coll., Third Series, VIII. Cotton's code, under the title of "Ab- 
stract of the Laws of New England," is in Mass. Hist. Coll., First Series, V., 

A Coppie of the Liberties of the Massachusets CoUonie in 
New England 

The free fruition of such liberties Immunities and priveledges 
as humanitie, Civilitie, and Christianitie call for as due to every 
man in his place and proportion; without impeachment and 
Infringement hath ever bene and ever will be the tranquillitie 
and Stabilitie of Churches and Commonwealths. And the deniall 
or deprivall thereof, the disturbance if not the mine of both. 

We hould it therefore our dutie and safetie whilst we are about 
the further establishing of this Government to collect and expresse 
all such freedomes as for present we foresee may concerne us, and 
our posteritie after us, And to ratify them with our sollemne 
consent. 

Wee doe therefore this day religiously and unanimously decree 
and confirme these following Rites, liberties, and priveledges 
concerneing our Churches, and Civill State to be respectively 
impartiallie and inviolably enjoyed and observed throughout our 
Jurisdiction for ever. 

I. No mans life shall be taken away, no mans honour or good 
name shall be stayned, no mans per.son shall be arested, re- 
strayned, banished, dismembred, nor any wayes punished, no 
man shall be deprived of his wife or children, no mans goods or 
estaite shall be taken away from him, nor any way indammaged 



74 MASSACHUSETTS BODY OF LIBERTIES [December 

under Coulor of law, or Countenance of Authoritie, unlesse it be 
by vertue or equitie of some expresse law of the Country war- 
ranting the same, established by a generall Court and sufficiently 
published, or in case of the defect of a law in any partecular case 
by the word of god. And in Capitall cases, or in cases concern- 
ing dismembring or banishment, according to that word to be 
judged by the Generall Courty- 

2. Every person within this^Jurisdiction, whether Inhabitant 
or forreiner shall enjoy the same justice and law, that is generall 
for the plantation, which we constitute and execute one towards 
another, without partialitie or delay. 

3. No man shall be urged to take any oath or subscribe any 
articles, covenants or remonstrance, of a publique and Civill 
nature, but such as the Generall Court hath considered, allowed, 
and required. 

4. No «ian shall be punished for not appearing at or before 
any Civill Assembly, Court, Councell, Magistrate, or officer, nor 
for the omission of any office or service, if he shall be necessarily 
hindred, by any apparent Act or providence of god, which he 
could neither foresee nor avoid. Provided that this law shall 
not prejudice any person of his just cost or damage in any civill 
action. 

5. No man shall be compelled to any publique worke or service 
unlesse the presse be grounded upon some act of the generall 
Court, and have reasonable allowance therefore. 

6. No man shall be pressed in person to any office, worke, 
warres, or other publique service, that is necessarily and suffi- 
tiently exempted by any naturall or personall impediment, as by 
want of yeares, greatnes of age, defect of minde, fayling of sences, 
or impotencie of Lymbes. 

7. No man shall be compelled to goe out of the limits of this 
plantation upon any offensive warres which this Commonwealth 
or any of our freinds or confederats shall volentarily undertake. 
But onely upon such vindictive and defensive warres in our owne 
behalfe, or the behalfe of our freinds, and confederats as shall be 
enterprized by the Counsell and consent of a Court generall, or 
by Authority derived from the same. 



1 64 1] MASSACHUSETTS BODY OF LIBERTIES 75 

8. No mans Cattell or goods of what kinde soever shall be 
pressed or taken for any publique use or service, unlesse it be^y 
warrant grounded upon some act of the generall Court, nor with- 
out such reasonable prices and hire as the ordinarie rates of the 
Countrie do afford. And if his Cattle or goods shall perish or 
suffer damage in such service, the owner shall be sufifitiently 
recompenced 

9. No monopolies shall be granted or allowed amongst us, but 
of such new Inventions that are profitable to the Countrie, and 
that for a short time. 

10. All our lands and heritages shall be free from all fines 
and licences upon Alienations, and from all hariotts, wardships. 
Liveries, Primerseisens, yeare day and wast, Escheates, and for- 
feitures, upon the deaths of parents, or Ancestors, be they naturall, 
casuall, or Juditiall. 

11. All persons which are of the age of 21 yeares, and of right 
understanding and meamories, whether excommunicate or con- 
demned shall have full power and libertie to make there wills and 
testaments, and other lawfuU alienations of theire lands and 
estates. 

12. Every man whether Inhabitant or fforreiner, free or not 
free shall have libertie to come to any publique Court, Councell, 
or Towne meeting, and either by speech or writeing to move any 
lawfull, seasonable, and materiall question, or to present any 
necessary motion, complaint, petition. Bill or information, 
whereof that meeting hath proper cognizance, so it be done in 
convenient time, due order, and respective manner. 

[13.] No man shall be rated here for any estaite or revenue 
he hath in England, or in any forreine partes till it be transported 
hither. 

[14.] Any Conveyance or Alienation of land or other estaite 
what so ever, made by any woman that is married, any childe 
under age, Ideott, or distracted person, shall be good, if it be 
passed and ratified by the consent of a generall Court. 

15. All Covenous or fraudulent Alienations or Conveyances of 
lands, tenements, or any hereditaments, shall be of no validitie 



J^ MASSACHUSETTS BODY OF LIBERTIES [December 

to defeate any man from due debts or legacies, or from any just 
title, clame or possession, of that which is so fraudulently con- 
veyed. 

i6. Every Inhabitant that is an hovvse holder shall have free 
fishing and fowling in any great ponds and Bayes, Coves and 
Rivers, so farre as the sea ebbes and flowes within the presincts 
of the towne where they dwell, unlesse the free men of the same 
Towne or the Generall Court have otherwise appropriated them, 
provided that this shall not be extended to give leave to any man 
to come upon others pro^Drietie without there leave. 

17. Every man of or within this Jurisdiction shall have free 
libertie, not with standing any Civill power to remove both him- 
selfe, and his familie at their pleasure out of the same, provided 
there be no legall impediment to the contrarie. 

Rites Rules and Liberties concerning Juditiall proceedings. 

18. No mans person shall be restrained or imprisoned by any 
Authority what so ever, before the law hath sentenced him thereto. 
If he can put in sufficient securitie, bayle, or mainprise, for his 
appearance, and good behaviour in the meane time, unlesse it be 
in Crimes Capitall, and Contempts in open Court, and in such 
cases where some expresse act of Court doth allow it. 

19. If in a generall Court any miscariage shall be amongst the 
Assistants when they are by themselves that may deserve an 
Admonition or fine under 20 sh, it shall be examined and sen- 
tenced amongst themselves, If amongst the Deputies when they 
are by themselves. It shall be examined and sentenced amongst 
themselves. If it be when the whole Court is togeather, it shall 
be judged by the whole Court, and not severallie as before. 

20. If any which are to sit as Judges in any other Court shall 
demeane themselves offensively in the Court, the rest of the 
Judges present shall have power to censure him for it, if the 
cause be of a high nature it shall be presented to and censured 
at the next superior Court 

21. In all cases where the first summons are not served six 
dayes before the Court, and the cause breifly specified in the 
warrant, where appearance is to be made by the partie summoned, 



1641] MASSACHUSETTS BODY OF LIBERTIES JJ 

it shall be at his libertie whether he will appeare or no, except 
all cases that are to be handled in Courts suddainly called upon 
extraordinary occasions, In all cases where there appeares present 
and urgent cause Any Assistant or officer apointed shal have 
power to make out Attaichments for the first summons. 

22. No man in any suit or action against an other shall falsely 
pretend great debts or damages to vex his Adversary, if it shall 
appeare any doth so, The Court shall have power to set a reason- 
able fine on his head 

23. No man shall be adjudged to pay for detaining any Debt 
from any Crediter above eight pounds in the hundred for one 
yeare, And not above that rate proportionable for all somes what 
so ever, neither shall this be a coulour or countenance to allow 
any usurie amongst us contrarie to the law of god. 

24. In all Trespasses or damages done to any man or men, If 
it can be proved to be done by the meere default of him or them 
to whome the trespasse is done, It shall be judged no trespasse, 
nor any damage given for it. 

25. No Summons pleading Judgement, or any kinde of pro- 
ceeding in Court or course of Justice shall be abated, arested, or 
reversed, upon any kinde of cercumstantiall errors or mistakes, 
If the person and cause be rightly understood and intended by 
the Court. 

26. Every man that findeth himselfe unfit to plead his owne 
cause in any Court, shall have Libertie to imploy any man against 
whom the Court doth not except, to helpe him, Provided he give 
him noe fee, or reward for his paines. This shall not exempt 
the partie him selfe from Answering such Questions in person as 
the Court shall thinke meete to demand of him. 

27. If any plantife shall give into any Court a declaration of 
his cause in writeing. The defendant shall also have libertie and 
time to give in his answer in writeing. And so in all further 
proceedings betwene partie and partie. So it doth not further 
hinder the dispach of Justice then the Court shall be willing 
unto. 

28. The plantife in all Actions brought in any Court shall have 
libertie to withdraw his Action, or to be nonsuited before the 



78 MASSACHUSETTS BODY OF LIBERTIES [December 

Jurie hath given in their verdict, in which case he shall alwaies 
pay full cost and chardges to the defendant, and may afterwards 
renew his suite at an other Court if he please. 

29. In all Actions at law it shall be the libertie of the.plantife 
and defendant by mutual consent to choose whether they will be 
tryed by the Bench or by a Jurie, unlesse it be where the law 
upon just reason hath otherwise determined. The like libertie 
shall be granted to all persons in Criminall cases. 

30. It shall be in the libertie both of plantife and defendant, 
and likewise every delinquent (to be judged by a Jurie) to chal- 
lenge any of the Jurors. And if his challenge be found just and 
reasonable by the Bench, or the rest of the Jurie, as the challenger 
shall choose it shall be allowed him, and tales de cercumstantibus 
impaneled in their room. 

31. In all cases where evidence is so obscure or defective that 
the Jurie cannot clearely and safely give a positive verdict, whether 
it be a grand or petit Jurie, It shall have libertie to give a non 
Liquit, or a spetiall verdict, in which last, that is in a spetiall 
verdict, the Judgement of the cause shall be left to the Court, 
And all Jurors shall have libertie in matters of fact if they cannot 
finde the maine issue, yet to finde and present in their verdict 
so much as they can. If the Bench and Jurors shall so differ at 
any time about their verdict that either of them can not proceed 
with peace of conscience the case shall be referred to the Generall 
Court, who shall take the question from both and determine it, 

32. Every man shall have libertie to replevy his Cattell or 
goods impounded, distreined, seised, or extended, unlesse it be 
upon execution after Judgement, and in paiment of fines. Pro- 
vided he puts in good securitie to prosecute his replevin. And to 
satisfie such demands as his Adversary shall recover against him 
in Law. 

33. No mans person shall be Arrested, or imprisoned upon 
execution or judgment for any debt or fine, If the law can finde 
competent meanes of satisfaction otherwise from his estaite. And 
if not his person may be arrested and imprisoned where he shall 
be kept at his owne charge, not the plantife's till satisfaction be 
made: unlesse the Court that had cognizance of the cause or 
some superior Court shall otherwise provide. 



1641] MASSACHUSETTS BODY OF LIBERTIES 79 

34. If any man shall be proved and Judged a commen Barrator 
vexing others with unjust frequent and endlesse suites, It shall 
be in the power of Courts both to denie him the benefit of the 
law, and to punish him for his Barratry. 

35. No mans Corne nor hay that is in the feild or upon the 
Cart, nor his garden stuff e, nor any thing subject to present decay, 
shall be taken in any distresse, unles he that takes it doth pres- 
ently bestow it where it may not be imbesled nor suffer spoile or 
decay, or give securitie to satisfie the worth thereof if it comes 
to any harme. 

36. It shall be in the libertie of every man cast condemned 
or sentenced in any cause in any Inferior Court, to make their 
Appeale to the Court of Assistants, provided they tender their 
appeale and put in securitie to prosecute it before the Court be 
ended wherein they were condemned. And within six dayes next 
ensuing put in good securitie before some Assistant to satisfie 
what his Adversarie shall recover against him; And if the cause 
be of a Criminall nature, for his good behaviour, and appearance, 
And everie man shall have libertie to complaine to the Generall 
Court of any Injustice done him in any Court of Assistants or 
other 

37. In all cases where it appeares to the Court that the plantife 
hath wilingly and witingly done wronge to the defendant in com- 
menceing and prosecuting any action or complaint against him. 
They shall have power to impose upon him a proportionable fine 
to the use of the defendant, or accused person, for his false com- 
plaint or clamor. 

38. Everie man shall have libertie to Record in the publique 
Rolles of any Court any Testimony given upon oath in the same 
Court, or before two Assistants, or any Deede or evidence legally 
confirmed there to remaine in perpetuam rei memoriam, that is 
for perpetuall memoriall or evidence upon occasion. 

39. In all Actions both reall and personall betweene partie and 
partie, the Court shall have power to respite execution for a con- 
venient time, when in their prudence they see just cause so to doe. 

40. No Conveyance, Deede, or promise what so ever shall be 
of validitie, If it be gotten by Illegal violence, imprisonment, 
threatenings, or any kinde of forcible compulsion called Dures. 



80 MASSACHUSETTS BODY OF LIBERTIES [December 

41. Everie man that is to Answere for any Criminall cause, 
whether he be in prison or under bayle, his cause shall be heard 
and determined at the next Court that hath proper Cognizance 
thereof, And may be done without prejudice of Justice. 

42. No man shall be twise sentenced by Civill Justice for one 
and the same Crime, offence, or Trespasse. 

43. No man shall be beaten with above 40 stripes, nor shall 
any true gentleman, nor any man equall to a gentleman be pun- 
ished with whipping, unles his crime be very shamefuU, and his 
course of life vitious and profligate. 

44. No man condemned to dye shall be put to death within 
fower dayes next after his condemnation, unles the Court see 
spetiall cause to the contrary, or in case of martiall law, nor shall 
the body of any man so put to death be unburied 12 howers, 
unlesse it be in case of Anatomic. 

45. No man shall be forced by Torture to conf esse any Crime 
against himselfe nor any other unlesse it be in some Capitall case 
where he is first fullie convicted by cleare and suffitient evidence 
to be guilty, After which if the cause be of that nature. That it is 
very apparent there be other conspiratours, or confederates with 
him. Then he may be tortured, yet not with such Tortures as be 
Barbarous and inhumane. 

46. For bodilie punishments we allow amongst us none that 
are inhumane Barbarous or cruell 

47. No man shall be put to death without the testimony of 
two or three witnesses, or that which is equivalent there unto. 

48. Every Inhabitant of the Countrie shall have free libertie 
to search and veewe any Rooles, Records, or Regesters of any 
Court or office except the Councell, And to have a transcript or 
exemplification thereof written examined, and signed by the hand 
of the officer of the office paying the appointed fees therefore. 

49. No free man shall be compelled to serve upon Juries 
above two Courts in a yeare, except grand Jurie men, who shall 
hould two Courts together at the least. 

50. All Jurors shall be chosen continuallie by the freemen of 
the Tovvne where they dwell. 



1 641] MASSACHUSETTS BODY OF LIBERTIES 8 1 

51. All Associates selected at any time to Assist the Assistants 
in Inferior Courts, shall be nominated by the Townes belonging 
to that Court, by orderly agreement anionge themselves. 

52. Children, Idiots, Distracted persons, and all that are 
strangers, or new commers to our plantation, shall have such 
allowances and dispensations in any cause whether Criminall or 
other as religion and reason require. 

53. I'he age of discretion for passing away of lands or such 
kinde of herediments, or for giveing of votes, verdicts or Sen- 
tence in any Civill Courts or causes, shall be one and twentie 
yeares. 

54. When so ever anything is to be put to vote, any sentence 
to be pronounced, or any other matter to be proposed, or read 
in any Court or Assembly, If the president or moderator thereof 
shall refuse to performe it, the Major parte of the members of 
that Court or Assembly shall have power to appoint any other 
meete man of them to do it, And if there be just cause to punish 
him that should and would not. 

55. In all suites or Actions in any Court, The plantife shall 
have libertie to make all the titles and claims to that he sues for 
he can. And the Defendant shall have libertie to plead all the 
pleas he can in answere to them, and the Court shall judge 
according to the intire evidence of all. 

56. If any man shall behave himselfe offensively at any Towne 
meeting, the rest of the freemen then present, shall have power 
to sentence him for his offence. So be it the mulct or penaltie 
exceede not twentie shilings. 

57. When so ever any person shall come to any very suddaine 
untimely and unnaturall death. Some Assistant, or the Constables 
of that Towne shall forthwith sumon a Jury of twelve free men to 
inquire of the cause and manner of their death, and shall present 
a true verdict thereof to some neere Assistant, or the next Court 
to be helde for that Towne upon their oath. 

Liberties more pe/idiarlie concerning the free men. 

58. Civill Authorie hath power and libertie to see the peace, 
ordinances and Rules of Christ observed in every church according 



82 MASSACHUSETTS BODY OF LIBERTIES [December 

to his word, so it be done in a Civill and not in an Ecclesiastical 
way. 

59. Civill Authoritie hath power and libertie to deale with 
any Church member in a way of Civill Justice, notwithstanding 
any Church relation, office, or interest. 

60. No church censure shall degrade or depose any man from 
any Civill dignitie, office, or Authoritie he shall have in the 
Commonwealth. 

61. No Magestrate, Juror, Officer, or other man shall be bound 
to informe present or reveale any private crim or offence, wherein 
there is no perill or danger to this plantation or any member 
thereof, when any necessarietye of conscience binds him to 
secresie grounded upon the word of god, unlesse it be in case of 
testimony lawfully required. 

62. Any Shire or Towne shall have libertie to choose their 
Deputies whom and where they please for the General Court, So 
be it they be free men, and have taken there oath of fealtie, and 
Inhabiting in this Jurisdiction. 

63. No Governor, Deputie Governor, Assistant, Associate, or 
grand Jury man at any Court, nor any Deputie for the Generall 
Court, shall at any time beare his owne chardges at any Court, 
but their necessary expences shall be defrayed either by the Towne, 
or Shire on whose service they are, or by the Country in generall. 

64. Everie Action betweene partie and partie, and proceedings 
against delinquents in Criminall causes shall be briefly and 
destinctly entered in the RoUes of every Court by the Recorder 
thereof. That such actions be not afterwards brought againe to 
the vexation of any man. 

65. No custome or prescription shall ever prevaile amongst us 
in any morall cause, our meaneing is maintaine anythinge that 
can be proved to bee morrallie sinfull by the word of god. 

66. The Freemen of everie Towneship shall have power to 
make such by laws and constitutions as may concerne the wellfare 
of their Towne, provided they be not of a Criminall, but onely 
of a prudentiall nature, And that their penalties exceede not 20 sh. 
f jr one offence. And that they be not repugnant to the publique 



1641] MASSACHUSETTS BODY OF LIBERTIES 83 

laws and orders of the Countrie. And if any Inhabitant shall 
neglect or refuse to observe them, they shall have power to levy 
the appointed penalties by distresse. 

67. It is the constant libertie of the freemen of this plantation 
to choose yearly at the Court of Election out of the freemen all 
the Generall ofiScers of this Jurisdiction. If they please to dis- 
chardge them at the day of Election by way of vote. They may 
do it without shewing cause. But if at any other generall Court, 
we hould it due justice, that the reasons thereof be alleadged and 
proved. By Generall officers we meane, our Governor, Deputie 
Governor, Assistants, Treasurer, Generall of our warres. And 
our Admirall at Sea, and such as are or hereafter may be of the 
like generall nature. 

68. It is the libertie of the freemen to choose such deputies 
for the Generall Court out of themselves, either in their owne 
Townes or elsewhere as they judge fitest. And because we cannot 
foresee what varietie and weight of occasions may fall into future 
consideration. And what counsells we may stand in neede of, we 
decree. That the Deputies (to attend the Generall Court in the 
behalf e of the Countrie) shall not any time be stated or inacted, 
but from Court to Court, or at the most but for one yeare. that 
the Countrie may have an Annuall libertie to do in that case what 
is most behoofefuU for the best welfaire thereof. 

69. No Generall Court shall be desolved or adjourned without 
the consent of the Major parte thereof. 

70. All Freemen called to give any advise, vote, verdict, or 
sentence in any Court, Counsell, or Civill Assembly, shall have 
full freedome to doe it according to their true Judgements and 
Consciences, So it be done orderly and inofensively for the 
manner. 

71. The Governor shall have a casting voice whensoever an 
Equi vote shall fall out in the Court of Assistants, or generall 
assembly. So shall the presedent or moderator have in all Civill 
Courts or Assemblies. 

72. The Governor and Deputie Governor Joyntly consenting 
or any three Assistants concurring in consent shall have power 
out of Court to reprive a condemned malefactour, till the next 



84 MASSACHUSETTS BODY OF LIBERTIES [December 

quarter or general 1 Court. The generall Court onely shall have 
power to pardon a condemned malefactor. 

73. The Generall Court hath libertie and Authoritie to send 
out any member of this Comanwealth of what qualitie, condition 
or office whatsoever into forreine parts about any publique message 
or Negotiation. Provided the partie sent be acquainted with the 
affaire he goeth about, and be willing to undertake the service. 

74. The freemen of every Towne or Towneship, shall have full 
power to choose yearly or for lesse time out of themselves a con- 
venient number of fitt men to order the planting or prudentiall 
occasions of that Towne, according to Instructions given them 
in writeing. Provided nothing be done by them contrary to the 
publique laws and orders of the Countrie, provided also the 
number of such select persons be not above nine. 

75. It is and shall be the libertie of any member or members 
of any Court, Councell or Civill Assembly in cases of makeing or 
executing any order or law, that properlie concerne religion, or 
any cause capitall, or warres, or Subscription to any publique 
Articles or Remonstrance, in case they cannot in Judgement and 
conscience consent to that way the Major vote or suffrage goes, 
to make their contra Remonstrance or protestation in speech or 
writeing, and upon request to have their dissent recorded in the 
Rolles of that Court, So it be done Christianlie and respectively 
for the manner. And their dissent onely be entered without the 
reasons thereof, for the avoiding of tediousness. 

76. When so ever any Jurie of trialls or Jurours are not cleare 
in their Judgements or consciences conserneing any cause wherein 
they are to give their verdict. They shall have libertie in open 
Court to advise with any man they thinke fitt to resolve or direct 
them, before they give in their verdict. 

77- In all cases wherein any freeman is to give his vote, be it 
in point of Election, makeing constitutions and orders, or pass- 
ing sentence in any case of Judicature or the like, if he cannot 
see reason to give it positively one way or an other, he shall have 
libertie to be silent, and not pressed to a determined vote. 

78. The Generall or publique Treasure or any parte thereof 
shall never be exspended but by the appointment of a Generall 



1641] MASSACHUSETTS BODY OF LIBERTIES 85 

Court, nor any Shire Treasure, but by the appointment of the 
freemen thereof, nor any Tovvne Treasurie but by the freemen of 
that Towneship. 

Liberties of Woemefi 

79. If any man at his deamsliall not leave his wife a com- 
petent portion of his estaite, upon just complaint made to the 
Generall Court she shall be relieved. 

80. Everie marryed woeman shall- be free from bodilie correc- 
tion or stripes by her husband, unlesse it be in his owne defence 
upon her assalt. If there be any just cause of correction com- 
plaint shall be made to Authoritie assembled in some Court, from 
which onely she shall receive^ it. 

>^ 

Liberties of Children 

81. When parents dye intestate, the Elder sonne shall have 
a doble portion of his whole estate reall and personall, unlesse 
the Generall Court upon just cause alleadged shall Judge otherwise. 

82. When parents dye intestate, haveing noe heires males of 
their bodies their Daughters shall inherit as Copartners, unles the 
Generall Court upon just reason shall judge otherwise. 

83. If any parents shall wilfullie and unreasonably deny any 
childe timely or convenient mariage, or shall exercise any un- 
naturall severitie towards them, Such children shall have free 
libertie to complain to Authoritie for redresse. 

84. No Orphan dureing their minoritie which was not com- 
mitted to tuition or service by the parents in their life time, shall 
afterwards be absolutely disposed of by any kindred, freind. 
Executor, Towneship, or Church, nor by themselves without the 
consent of some Court, wherein two Assistants at least shall be 

' present. 

Liberties of Servants 

85. If any servants shall flee from the Tiranny and crueltie of 
their masters to the howse of any freeman of the same Towne, 
they shall be there protected and susteyned till due order be 
taken for their relife. Provided due notice thereof be speedily 



§6 MASSACHUSETTS BODY OF LIBERTIES [December 

given to their maisters from whom they fled. And the next 
Assistant or Constable where the partie flying is harboured. 

86. No servant shall be put of for above a yeare to any other 
neither in the life time of their maister nor after their death by 
their Executors or Administrators unlesse it be by consent of 
Authoritie assembled in some Court, or two Assistants. 

87. If any man smite out the eye or tooth of his man servant, 
or maid servant, or otherwise mayme or much disfigure him, 
unlesse it be by meere casualtie, he shall let them goe free from 
his service. And shall have such further recompense as the Court 
shall allow him. 

88. Servants that have served deligentlie and faithfully to the 
benefitt of their maisters seaven yeares, shall not be sent away 
emptie. And if any have bene unfaithfull, negligent or unprofit- 
able in their service, notwithstanding the good usage of their 
maisters, they shall not be dismissed till they have made satis- 
faction according to the Judgement of Authoritie. 

Liberties of Forreiners and Strangers 

89. If any people of other Nations professing the true Christian 
Religion shall flee to us from the Tiranny or oppression of their 
persecutors, or from famyne, warres, or the like necessary and 
compulsarie cause. They shall be entertayned and succoured 
amongst us, according to that power and prudence god shall 
give us. 

90. If any ships or other vessels, be it freind or enemy, shall 
suffer shipwrack upon our Coast, there shall be no violence or 
wrong offered to their persons or goods. But their persons shall 
be harboured, and relieved, and their goods preserved in safety 
till Authoritie may be certified thereof, and shall take further 
order therein. 

91. There shall never be any bond slaverie villinage or Cap- 
tivitie amongst us, unles it be lawfull Captives taken in just 
warres, and such strangers as willingly selle themselves or are 
sold to us. And these shall have all the liberties and Christian 
usages which the law of god established in Israeli concerning 
such persons doeth morally require. This exempts none from 
servitude who shall be Judged thereto by Authoritie. 




1641] 



MASSACHUSElTS BODY OF LIBERTIES 



^7 



Off the Bruite Creature 

92. No man shall exercise any Tirranny or Crueltie towards 
any bruite Creature which are usuallie kept for mans use. 

93. If any man shall have occasion to leade or drive Cattel 
from place to place that is far of, So that they be weary, or 
hungry, or fall sick, or lambe, It shall be lawful to rest or refresh 
them, for a competent time, in any open place that is not Corne, 
meadow, or inclosed for some peculiar use. 



Ka 



94. \!apitall Laws 



Dut. 13. 6. 10 
Dut. 17. 2. 6 
Ex. 22. 20 



If any man after legall conviction shall have or 
worship any other god, but the lord god, he shall 
be put to death. 



Ex. 22. 18. 
Lev. 20. 27. 
Dut. 18. 10. 



If any man or woeman be a witch, (that is hath 
or consulteth with a familiar spirit,) They shall 
be put to death. 



Lev. 24. 15. 16 



Ex. 21. 12, 
Numb. 35. 13. 
14. 30. 31. 



If any person shall Blaspheme the name of god, 
the father, Sonne or Holie ghost, with direct, 
expresse, presumptuous or high handed blas- 
phemie, or shall curse god in the like manner, 
he shall be put to death. 



put to 



If any person committ any wilfull murther, 
which is manslaughter, committed upon premedi- 
tated mallice, hatred, or Crueltie, not in a mans 
necessarie and just defence, nor by meere casualtie 
against his will, he shall be put to death. 



Numb. 25.20. 21. 
Lev. 24. 17. 



If any person slayeth an other suddainely in his 
anger or Crueltie of passion, he shall be put to 
death. 



MASSACHUSETTS BODY OF LIBERTIES [December 



If any person shall slay an other through guile, 
Ex. 21. 14. either by poysoning or other such divelish prac- 

tice, he shall be put to death. 



Ex, 21. 16. 



If any man stealeth a man or mankinde, he 
shall surely be put to death. 



If any man rise up by false witnes, wittingly 
^ik \n ^ ^^'^ °^ purpose to take away any man's life, he 

shall be put to death. 



18. 19. 



If any man shall conspire and attempt any invasion, insurrec- 
tion, or publique rebellion against our commonwealth, or shall 
indeavour to surprize any Towne or Townes, fort or forts therein, 
or shall treacherously and perfediouslie attempt the alteration and 
subversion of our frame of politic or Government fundamentallie, 
he shall be put to death. 

95. A declaration of the Liberties the Lord Jesus hath given 
to the Churches. 

1. All the people of god within this Jurisdiction who are not 
in a church way, and be orthodox in Judgement, and not scan- 
dalous in life, shall have full libertie to gather themselves into a 
Church Estaite. Provided they doe it in a Christian way, with 
due observation of the rules of Christ revealed in his word. 

2. Every Church hath full libertie to exercise all the ordinances 
of god, according to the rules of Scripture. 

3. Every Church hath free libertie of Election and ordination 
of all their officers from time to time, provided they be able, 
pious and orthodox. 

4. Every Church hath free libertie of Admission, Recom- 
mendation, Dismission, and Expulsion, or deposall of their 
officers, and members, upon due cause, with free exercise of the 



1641J MASSACHUSETTS BODY OF LIBERTIES 89 

Discipline and Censures of Christ according to the rules of his 
word. 

5. No Injunctions are to be put upon any Church, Church 
Officers or member in point of Doctrine, worship or Discipline, 
whether for substance or cercumstance besides the Institutions of 
the lord. 

6. Every Church of Christ hath freedome to celebrate dayes 
of fasting and prayer, and of thanksgiveing according to the word 
of god 

7. The Elders of Churches have free libertie to meete monthly, 
Quarterly, or otherwise, in convenient mumbers and places, for 
conferences, and consultations about Christian and Church ques- 
tions and occasions. 

8. All Churches have libertie to deale with any of their mem- 
bers in a church way that are in the hand of Justice. So it be 
not to retard or hinder the course thereof. 

9. Every Church hath libertie to deale with any magestrate, 
Deputie of Court or other officer what soe ever that is a member 
in a church way in case of apparent and just offence given in 
their places, so it be done with due observance and respect. 

10. Wee allowe private meetings for edification in religion 
amongst Christians of all sortes of people. So it be without 
just offence both for number, time, place, and other cercum- 
stances. 

11. For the preventing and removeing of errour and offence 
that may grow and spread in any of the Churches in this Juris- 
diction. And for the preserveing of trueith and peace in the 
several churches within them selves, and for the maintenance and 
exercise of brotherly communion, amongst all the churches in the 
Countrie, It is allowed and ratified, by the Authoritie of this 
Generall Court as a lawfull libertie of the Churches of Christ. 
That once in every month of the yeare (when the season will 
beare it) It shall be lawfull for the minesters and Elders, of the 
Churches neere adjoyneing together, with any other of the 
breetheren with the consent of the churches to assemble by course 
in each severall Church one after an other. To the intent after 
the preaching of the word by such a minister as shall be requested 



^6 MASSACHUSETTS BODY OF LIBERTIES [December 

thereto by the Elders of the church where the Assembly is held, 
The rest of the day may be spent in publique Christian Con- 
ference about the discussing and resolveing of any such doubts 
and cases of conscience concerning matter of doctrine or worship 
or government of the church as shall be propounded by any of 
the Breetlieren of that church, with leave also to any other Brother 
to propound his objections or answeres for further satisfaction 
according to the word of god. Provided that the whole action 
be guided and moderated by the Elders of the Church where the 
Assemblie is helde, or by such others as they shall appoint. And 
that no thing be concluded and imposed by way of Authoritie 
from one or more Churches upon an other, but onely by way of 
Brotherly conference and consultations. That the trueth may be 
searched out to the satisfying of every man's conscience in the 
sight of god according to his worde. And because such an 
Assembly and the worke their of can not be duely attended to if 
other lectures be held in the same weeke. It is therefore agreed 
with the consent of the Churches. That in that weeke when such 
an Assembly is held. All the lectures in all the neighbouring 
Churches for that weeke shall be forborne. That so the publique 
service of Christ in this more solemne Assembly may be transacted 
with greater deligence and attention. 

96. How so ever these above specified rites, freedomes, Immu- 
nities, Authorities and priveledges, both Civill and Ecclesiastical! 
are expressed onely under the name and title of Liberties, and 
not in the exact forme of Laws, or Statutes, yet we do with one 
consent fullie Authorise, and earnestly intreate all that are and 
shall be in Authoritie to consider them as laws, and not to faile 
to inflict condigne and proportionable punishments upon every 
man impartiallie, that shall infringe or violate any of them. 

97. Wee likewise give full power and libertie to any person 
that shall at any time be denyed or deprived of any of them, to 
commence and prosecute their suite. Complaint, or action against 
any man that shall so doe, in any Court that hath proper Cog- 
nizance or judicature thereof. 

98. Lastly because our dutie and desire is to do nothing sud- 
dainlie which fundamentally coQcerne us, we decree that these 
rites and liberties, shall be Audably read and deliberately weighed 



1641] PATENT OF PROVIDENCE PLANTATIONS 91 

at every Generall Court that shall be held, within three yeares 
next insueing, And such of them as shall not be altered or re- 
pealed they shall stand so ratified, That no man shall infringe 
them without due punishment. 

And if any Generall Court within these next thre yeares shall 
faile or forget to reade and consider them as abovesaid. The 
Governor and Deputie Governor for the time being, and every 
Assistant present at such Courts shall forfeite 20 sh. a man, and 
everie Deputie 10 sh. a man for each neglect, which shall be paid 
out of their proper estate, and not by the Country or the Townes 
which choose them. And when so ever there shall arise any 
question in any Court amonge the Assistants and Associates 
thereof about the explanation of these Rites and liberties, The 
Generall Court onely shall have power to interprett them. 



No. 18. Patent of Providence Plantations 

March 14/24, 1643 

In 1636 Roger Williams, lately banished from Massachusetts, established 
himself at Providence. A settlement was made at Portsmouth, under William 
Coddington, in March, 1637/8, and another at Newport in 1639. Warwick 
was planted in 1642/3, by Samuel Gorton and others. In 1643 Williams, 
through the influence of the Earl of Warwick, obtained a patent uniting the 
settlements at Providence, Portsmouth, and Newport, under the name of 
Providence Plantations. A government under the patent was not organized 
until May, 1647, at which time Warwick was admitted. The patent conferred 
liberal rights of self-government, but made no grant of land. 

References. — Text in Rhode Island Colonial Records, I., 143-146. The 
laws passed in 1647 ^""e in ib., I., 147-208. See also Arnold's History of 
Rhode Island (ed. 1878), I.; Staples's Annals of the Town of Providence ; 
Doyle's Puritan Colonies, I., 239-254; and bibliographical notes in Winsor's 
Narr. and Crit. Hist., III., 376-380. 

Whereas by an Ordinance of the Lords and Commons, now 
assembled in Parliament, bearing Date the Second Day of Novem- 
ber, Anno Domino 1643, Robert Earl of Warwick, is constituted, 
and ordained Governor in Chief, and Lord High Admiral of all 
those Islands and other Plantations inhabited or planted by, or 
belonging to any His Majesty the King of England's Subjects, 
(or which hereafter may be inhabited and planted by, or belong- 



92 PATENT OF PROVIDENCE PLANTATIONS [March 14/24 

ing to them) within the Bounds, and upon the Coasts of America. 
And whereas the said Lords have thought fit, and thereby ordained, 
that Philip Earl of Pembroke, Edward Earl of Manchester, Will- 
iam Viscount Say and Seal, Philip Lord Wharton, John Lord 
Rolle, Members of the House of Peers. Sir Gilbert Gerrard, 
Baronet, Sir Arthur Haslerig, Baronet, Sir Henry Vane, jun., 
Knight, Sir Benjamin Rudyard, Knight, John Pim, Oliver Crom- 
well, Dennis Bond, Miles Corbet, Cornelius Holland, Samuel 
Vassal, John Rolle, and Wm. Spurtow, Esqrs., Members of the 
House of Commons, should be Commissioners, to join in Aid 
and Assistance with the said Earl. And whereas for the better 
Government and Defence, it is thereby ordained, that the afore- 
said Governor and Commissioners, or the greater Number of 
them, shall have Power, and Authority from Time to Time to 
nominate, appoint, and constitute all such subordinate Gov- 
ernors, Counsellors, Commanders, Officers, and Agents, as they 
shall judge to be best affected, and most fit and serviceable for 
the said Islands and Plantations; and to provide for, order and 
dispose all Things, which they shall, from Time to Time, find 
most advantageous for the said Plantations; and for the better 
Security of the Owners and Inhabitants thereof, to assign, ratify, 
and confirm, so much of their aforementioned Authority and 
Power, and in such Manner, and to such Persons as they shall 
judge to be fit for the better governing and preserving of the said 
Plantations and Islands, from open Violences and private Dis- 
turbances and Distractions. And whereas there is a Tract of 
Land in the Continent of America aforesaid, called by the Name 
of the Narraganset-Bay; bordering Northward and Northeast on 
the Patent of the Massachusetts, East and Southeast on Plymouth 
Patent, South on the Ocean, and on the West and Northwest by 
the Indians called Nahigganneucks, alias Narragansets; the whole 
Tract extending about Twenty-five English Miles unto the Pequot 
River and Country. 

And whereas divers well affected and industrious English 
Inhabitants, of the Towns of Providence, Portsmouth, and New- 
port in the tract aforesaid, have adventured to make a nearer 
neighborhood and Society with the great Body of the Narragan- 
sets, which may in Time by the blessing of God upon their 
Endeavours, lay a sure Foundation of Happiness to all America. 
And have also purchased, and are purchasing of and amongst the 



i643] PATENT OF PROVIDENCE PLANTATIONS 93 

said Natives, some other Places, which may be convenient both 
for Plantations, and also for building of Ships, Supply of Pipe 
Staves and other Merchandize. And whereas the said English, 
have represented their Desire to the said Earl, and Commis- 
sioners, to have their hopeful Beginnings approved and confirmed, 
by granting unto them a Free Charter of Civil Incorporation and 
Government; that they may order and govern their Plantation in 
such a Manner as to maintain Justice and peace, both among 
themselves, and towards all Men with whom they shall have to do. 
In due Consideration of the said Premises, the said Robert Earl 
of Warwick, Governor in Chief, and Lord High Admiral of the 
said Plantations, and the greater Number of the said Commis- 
sioners, whos'e Names and Seals are here underwritten and sub- 
joined, out of a Desire to encourage the good Beginnings of the 
said Planters, Do, by the Authority of the aforesaid Ordinance 
of the Lords and Commons, give, grant, and confirm, to the 
aforesaid Inhabitants of the Towns of Providence, Portsmouth, 
and Newport, a free and absolute Charter of Incorporation, to 
be known by the Name of the Incorporation of Providence Plan- 
tations, in the Narraganset-Bay, in New England. — Together 
with full Power and Authority to rule themselves, and such others 
as shall hereafter inhabit within any Part of the said Tract of 
land, by such a Form of Civil Government, as by voluntary con- 
sent of all, or the greater Part of them, they shall find most suit- 
able to their Estate and Condition; and, for that End, to make 
and ordain such Civil Laws and Constitutions, and to inflict such 
punishments upon Transgressors, and for Execution thereof, so 
to place, and displace Officers of Justice, as they, or the greatest 
Part of them, shall by free Consent agree unto. Provided never- 
theless, that the said Laws, Constitutions, and Punishments, for 
the Civil Government of the said Plantations, be conformable to 
the Laws of England, so far as the Nature and Constitution of the 
place will admit. And always reserving to the said Earl, and 
Commissioners, and their Successors, Power and Authority for 
to dispose the general Government of that, as it stands in Rela- 
tion to the rest of the Plantations in America as they shall con- 
ceive from Time to Time, most conducing to the general Good 
of the said Plantations, the Honour of his Majesty, and the Ser- 
vice of the State. . . . 



94 NEW ENGLAND CONFEDERATION [May 19/29 

No. 19. New England Confederation 

May 19/29, 1643 

The first definite suggestion of a confederation of the New England colo- 
nies appears to have been made in 1637, when certain magistrates and minis- 
ters from Connecticut held a conference on the subject with the Massachusetts 
authorities at Boston. A notice of this meeting was sent to Plymouth, but too 
late for that colony to be represented. A counter proposition from Massa- 
chusetts, in 1638, failed because of the refusal of Connecticut to allow the 
decision of a majority of the commissioners, in cases of dispute, to be final. 
The matter was again urged by Connecticut in 1639, in view of threatening 
reports from New Netherland; but, although favorably considered by Massa- 
chusetts, nothing came of it. Fear of an Indian war led to a joint proposal to 
Massachusetts, in 1640, from Rhode Island, Connecticut, and New Haven; 
but Massachusetts refused to treat with Rhode Island. Finally, in 1642, 
moved by the " sad distractions in England," and the renewed danger of an 
Indian war, the Massachusetts General Court appointed a committee to treat 
with the other colonies in regard to union. In May, 1643, the commissioners 
met at Boston, and agreed upon the articles following; but the representatives 
of Plymouth not having authority to conclude the negotiations at that time, 
the ratification of that colony was delayed until the first meeting of the 
commissioners, Sept. 7/14. Rhode Island was not a member of the confed- 
eration, and applications for admission, in 1644 and 1648, were refused, unless 
the Rhode Island settlements would acknowledge the jurisdiction of either 
Massachusetts or Plymouth. The importance of the confederation practically 
ceased after 1662, when New Haven was united with Connecticut; but the 
commissioners continued to hold occasional meetings until 1684. 

References. — Text in New Haven Colonial Records, 1 653-1 665, pp. 562- 
566. The records of the commissioners are in Plymouth Colony Recoj'ds, IX., 
X. Frothingham, Rise of the Republic, 63, n. 2, gives a list of the meetings. 
See also Winthrop's New England, passim ; Hubbard's History of Massachu- 
setts {Mass. Hist. Coll., Second Series, VL), chap. 52; Doyle's Puritan Colo- 
nies, I., chap. 8. \ 

ARTICLES 

OF 

Confederation betwixt the Plantations under the Govern- 
ment OF the Massachusetts, the Plantations under the 
Government of Plimouth, the Plantations under the 
Government of Connectecut, and the Government of 
New Haven, with the Plantations in Combination there- 
with. 

Whereas we all came into these parts of America, with one 
and the same end and ayme, namely, to advance the Kingdome 



1643J NEW ENGLAND CONFEDERATION 95 

of our Lord Jesus Christ, and to enjoy the liberties of the Gospel, 
in purity with peace; and whereas in our settling (by a wise 
providence of God) we are further dispersed upon the Sea-Coasts, 
and Rivers, then was at first intended, so that we cannot (accord- 
ing to our desire) with convenience communicate in one Govern- 
ment, and Jurisdiction; and whereas we live encompassed with 
people of severall Nations, and strange languages, which hereafter 
may proved injurious to us, and our posterity: And forasmuch as 
the Natives have formerly committed sundry insolencies and 
outrages upon severall Plantations of the English, and have of 
late combined against us. And seeing by reason of the sad dis- 
tractions in England, which they have heard of, and by which 
they know we are hindred both from that humble way of seeking 
advice, and reaping those comfortable fruits of protection which, 
at other times, we might well expect; we therefore doe conceive 
it our bounden duty, without delay, to enter into a present Con- 
sotiation amongst our selves, for mutuall help and strength in all 
our future concernments, that, as in Nation, and Religion, so, 
in other respects, we be, and continue. One, according to the 
tenour and true meaning of the ensuing Articles. 

I. Wherefore it is fully Agreed and Concluded by and between 
the parties, or Jurisdictions above named, and they doe joyntly 
and severally by these presents agree and conclude, That they all 
be, and hencefcTrth be called by the name of, The United Colonies 
of New- England. 

II. The said United Colonies for themselves, and their pos- 
terities doe joyntly and severally hereby enter into a firm and 
perpetuall league of friendship and amity, for offence and defence, 
mutuall advice and succour, upon all just occasions, both for pre- 
serving and propagating the truth, and liberties of the Gospel, 
and for their own mutuall •safet)', and wellfare. 

III. It is further agreedfrhat the Plantations which at present 
are, or hereafter shall be settled within the limits of the Massa- 
chusets, shall be forever under the Government of the Massa- 
chusets. And shall have peculiar Jurisdiction amongst themselves, 
as an intire body ; and that Flimouth, CoJinecticut, and New- 
Haven, shall each of them, in all respects, have the like peculiar 
Jurisdiction, and Government within their limits. And in refer- 
ence to the Plantations which already are setled, or shall here- 
fifter be erected and shall settle within any of their limits 



^6 NEW ENGLAND CONFEDERATION [May 19/29 

respectively, provided that no other Jurisdiction shall hereafter 
be taken in, as a distinct head, or Member of this Confederation, 
nor shall any other either Plantation, or Jurisdiction in present 
being, and not already in combination, or under the Jurisdiction 
of any of these Confederates, be received by any of them, nor 
shall any two of these Confederates, joyne in one Jurisdiction, 
without consent of the rest, which consent to be Interpreted, as 
in the sixt ensuing Article is expressed. 

IV. It is also by these Confederates agreed, That the charge 
of all just Wars, whether offensive, or defensive, upon what part 
or Member of this Confederation soever they fall, shall both in 
men, provisions, and all other disbursements, be born by all the 
parts of this Confederation, in different proportions, according 
to their different abilities, in manner following, namely. That 
the Commissioners for each Jurisdiction, from time to time, as 
there shall be occasion, bring a true account and number of all 
the Males in each Plantation, or any way belonging to, or under 
their severall Jurisdictions, of what quality, or condition soever 
they be, from sixteen years old, to threescore, being inhabitants 
there. And that according to the different numbers, which from 
time to time shall be found in each Jurisdiction, upon a true, 
and just account, the service of men, and all charges of the war, 
be born by the poll: Each Jurisdiction, or Plantation, being left 
to their own just course, and custome, of rating themselves, and 
people, according to their different estates, with due respect to 
their qualities and exemptions among themselves, though the 
Confederation take no notice of any such priviledge. And that, 
according to the different charge of each Jurisdiction, and Plan- 
tation, the whole advantage of the War (if it please God so to 
blesse their endeavours) whether it be in Lands, Goods, or per- 
sons, shall be proportionably divided among the said Confederates. 

V. It is further agreed, That if any of these Jurisdictions, or 
any Plantation under, or in Combination with them, be invaded 
by any enemy whomsoever, upon notice, and request of any three 
Magistrates of that Jurisdiction so invaded. The rest of the Con- 
federates, without any further meeting or expostulation, shall 
forthwith send ayde to the Confederate in danger, but in different 
proportion, namely the Massachusets one hundred men suffi- 
ciently armed, and provided for such a service, and journey. 
And each of the rest five and forty men, so armed and provided, 



1643] NEW ENGLAND CONFEDERATION 97 

or any lesse number, if lesse be required, according to this pro- 
portion. But if such a Confederate may be supplyed by their 
next Confederate, not exceeding the number hereby agreed, they 
may crave help there, and seek no further for the present. The 
charge to be born, as in this Article is expressed. And at their 
return to be victualled, and supplied with powder and shot (if 
there be need) for their journey by that Jurisdiction which im- 
ployed, or sent for them. But none of the Jurisdictions to exceed 
these numbers, till by a meeting of the Commissioners for this 
Confederation, a greater ayde appear necessary. And this pro- 
portion to continue, till upon knowledge of the numbers in each 
Jurisdiction, which shall be brought to the next meeting, some 
other proportion be ordered. But in any such case of sending 
men for present ayde, whether before or after such order or altera- 
tion, it is agreed. That at the meeting of the Commissioners for 
this Confederation, the cause of such war or invasion, be duly 
considered, and if it appear, that the fault lay in the party so 
invaded, that then, that Jurisdiction, or Plantation, make just 
satisfaction, both to the invaders, whom they have injuried, and 
bear all the charges of the war themselves, without requiring 
any allowance from the rest of the Confederates toward the 
same. 

And further, if any Jurisdiction see any danger of an invasion 
approaching, and there be time for a meeting, That in such case, 
three Magistrates of that Jurisdicton may summon a meeting, at 
such convenient place, as themselves shall think meet, to con- 
sider, and provide against the threatened danger. Provided, 
when they are met, they may remove to what place they please, 
onely while any of these four Confederates, have but three Magis- 
trates in their Jurisdiction, a request or summons, from any two 
of them, shall be accounted of equall force, with the three men- 
tioned in both the clauses of this Article, till there be an increase 
of Magistrates there. 

VI. It is also agreed, That for the managing and concluding 
of all affaires proper to, and concerning the whole Confederation, 
tw^o Commissioners shall be chosen by, and out of the foure Juris- 
dictions, namely two for the Massachusets, two for Flimoiith, two 
for Connecticut, and two for Netv-haven, being all in Church- 
fellowship with us, which shall bring full power from their severall 
generall Courts respectively, to hear, examine, weigh, and deter- 
w 



98 NEW ENGLAND CONFEDERATION [May 19/29 

mine all affaires of war, or peace, leagues, aydes, charges, and 
numbers of men for war, division of spoyles, or whatsoever is 
gotten by conquest, receiving of more confederates, or Plantations 
into Combination with any of these Confederates, and all things 
of like nature, which are the proper concomitants, or conse- 
quences of such a Confederation, for amity, offence, and defence, 
not intermedling with the Government of any of the Jurisdictions, 
which by the third Article, is preserved intirely to themselves. 
But if these eight Commissioners when they meet, shall not all 
agree, yet it is concluded. That any six of the eight agreeing, 
shall have power to settle, and determine the businesse in ques- 
tion. But if six doe not agree, that then such Propositions, with 
their Reasons, so far as they have been debated, be sent, and 
referred to the foure Generall Courts, viz. The Massachusets, 
Plymouth, Connectecut, and New-haven. And if at all the said 
Generall Courts, the businesse so referred, be concluded, then to 
be prosecuted by the Confederates, and all their Members. It is 
further agreed. That these eight Commissioners shall meet once 
every year, besides extraordinary meetings, according to the fifth 
Article to consider, treat, and conclude of all affaires belonging 
to this Confederation, which meeting shall ever be the first Thurs- 
day in September. And that the next meeting after the date of 
these presents, which shall be accounted the second meeting, 
shall be at Boston in the Massachusets, the third at Hartford, the 
fourth at New-haven, the fifth at Plimouth, the sixth and seventh 
at Boston; and then Hartford, New-haven, and Plymouth, and 
so in course successively. If in the mean time, some middle 
place be not found out, and agreed on, which may be comodious 
for all the Jurisdictions. 

VII. It is further agreed. That at each meeting of these eight 
Commissioners, whether ordinary or extraordinary; they all, or 
any six of them agreeing as before, may choose their President 
out of themselves, whose Office and work shall be, to take care, 
and direct for Order, and a comely carrying on of all proceedings 
in the present meeting. But he shall be invested with no such 
power or respect, as by which, he shall hinder the propounding 
or progresse of any businesse, or any way cast the scales, other- 
wise then in the precedent Article is agreed. 

VIII. It is also agreed, That the Commissioners for this Con- 
federation hereafter at their meetings, whether ordinary or ex- 



1643] NEW ENGLAND CONFEDERATION 99 

traordinary, as they may have Commission or opportunity, doe 
endeavour to frame and establish Agreements and Orders in 
generall cases of a civil nature, wherein all the Plantations are 
interested, fox^^ueserving peace amongst themselves, and pre- 
venting (as much as may be) all occasions of war, or differences 
with others, as about the free and speedy passage of Justice in 
each lurisdiction, to all the Confederates equally, as to their 
own^eceiving those that ryfnove from one Plantation to another, 
without due CertificateSj/now all the Jurisdictions may carry it 
towards the Indians, that they neither grow insolent, nor be 
injuried without due satisfaction, least War break in upon the 
Confederates, through such miscarriages. It is also agreed. 
That if any Servant run away from his Master, into any other of 
these Confederated Jurisdictions, That in such case, upon the 
Certificate of one Magistrate in the Jurisdiction, out of which 
the said Servant fled, or upon other due Pfoof, the said Servant 
shall be delivered either to his Master, mxany other that pursues, 
and brings such Certificate, or proof. /And that upon the escape 
of any Prisoner whatsoever, or fugitive, for any Criminall Cause, 
whether breaking Prison, or getting from the Officer, or otherwise 
escaping, upon the Certificate of two Magistrates of the Jurisdic- 
tion out of which the escape is made, that he was a prisoner or 
such an offendor, at the time of the escape. The Magistrates, 
or some of them, of that Jurisdiction where for the present the 
said prisoner or fugitive abideth, shall forthwith grant such a 
Warrant, as the case will bear, for the apprehending of any such 
person, and the delivery of him into the hand of the Ofificer, or 
other person who pursueth him. And if help be required for the 
safe returning of any such offender, it shall be granted unto Jiim 
that craves the same, he paying the charges thereof. ^^^ 

IX. And for that the justest Wars may be of dangerous conse- 
quence, especially to the smaller Plantations in these United 
Colonies, it is agreed. That neither the Massachusets, Piyfnouih, 
Connecticut, nor New-Haven, nor any of the Members of any of 
them, shall at any time hereafter begin undertake or engage them- 
selves, or this Confederation, or any part thereof in any War 
whatsoever (sudden exigents with the necessary consequences 
thereof excepted, which are also to be moderated, as much as 
the case will permit) without the consent and agreement of the 
forenamed eight Commissioners, or at least six of them, as in 



lOO NEW ENGLAND CONFEDERATION [May 19/29 

the sixt Article is provided. And that no charge be required of 
any of the Confederates in case of a defensive War, till the said 
Commissioners have met, and approved the Justice of the War, 
and have agreed upon the sum of money to be levied; which sum 
is then to be paid by the severall Confederates, in proportion, 
according to the fourth Article. 

X. That in extraordinary occasions, when meetings are sum- 
moned by three Magistrates of any Jurisdiction, or two as in the 
fifth Article, if any of the Commissioners come not, due warning 
being given, or sent, it is agreed, That foure of the Commis- 
sioners shall have power to direct a War which cannot be delayed, 
and to send for due proportions of men, out of each Jurisdiction, 
as well as six might doe, if all met, but not lesse than 'six shall 
determine the justice of the War, or allow the demands, or Bills 
of charges, or cause any levies to be made for the same. 

XI. It is further agreed. That if any of the Confederates shall 
hereafter break any of these presents Articles, or be any other 
way injurious to any one of the other Jurisdictions such breach 
of Agreement, or injury shalbe duly considered, and ordered 
by the Commissioners for the other Jurisdictions, that both peace, 
and this present Confederation, may be intirely preserved without 
violation. 

Lastly, this perpetuall Confederation, and the severall Articles 
and Agreements thereof, being read and seriously considered, 
both by the Generall Court for the Massachtisetts, and by the 
Commissioners for Plymouth, Con7iecticitt, and New-Haven, were 
presently and fully allowed and confirmed by three of the fore- 
named Confederates, namely the Massachusetts, Connecticut, and 
New-Haven ; in testimony whereof, the Generall Court of the 
Massachusetts by their Secretary, and the Commissioners for Con- 
necticut dSidi New-Haven subscribed them the 19 day of the third 
month, commonly called May, Anno Dojuini, 1643. 

Only the Commissioners from Plymotith, having brought no 
Commission to conclude, desired respite to advise with their 
Generall Court, which was granted, and at the second meeting 
of the Commissioners for the Confederation, held at Boston in 
September following, the Commissioners for the Jurisdiction of 
Plymouth, delivered in an Order of their Generall Court, dated 
the 29 of August, 1643, by which it appeared that these Articles 
of Confederation were read, approved and confirmed by the said 



1643] GOVERNMENT OF NEW HAVEN 10 1 

Court, and all their Townships, and their Commissioners autlior- 
i/ed to ratifie them by their subscriptions, which they accordingly 
did, the 7 day of September, 1643. 



No. 20. Government of New Haven 

October 27/ November 6, 1643 

Independent settlements, similar to New Haven, were established at 
Guilford and Milford in 1639, and at Stamford and Southold (Long Island) 
in 1640. In 1643 these settlements united with New Haven in a representa- 
tive government, under which the colony continued until 1662, when New 
Haven was incorporated with Connecticut under a royal charter. 

References. — Text in New Haven Colonial Records, 1638-1649, pp. 112- 
116. For general references, see under No, 16, ante. 

Itt was agreed and concluded as a foundamentall order nott to 
be disputed or questioned hereafter, thatt none shall be admitted 
to be free burgesses in any of the plantations within this juris- 
diction for the future, butt such planters as are members of some 
or other of the approved churches in New England, nor shall any 
butt such free burgesses have any vote in any election, (the six 
present freemen att Milforde enjoying the liberty with the cau- 
tions agreed,*) nor shall any power or trust in the ordering of any 
civill affayres, be att any time putt into the hands of any other 
then such church members, though as free planters, all have right 
to their inherritance & to comerce, according to such grants, 
orders and lawes as shall be made concerning the same. 

2. All such free burgesses shall have power in each towne or 
plantation within this jurisdiction to chuse fitt and able men, 
from amongst themselves, being church members as before, to be 
the ordinary judges, to heare and determine all inferior causes, 
whether civill or criminall, provided thatt no civill cause to be 
tryed in any of these plantation Courts in value exceed 20^ and 
thatt the punishment in such criminalls, according to the minde 
of God, revealed in his word, touching such offences, doe nott 
exceed stocking and whipping, or if the fine be pecuniary, thatt 
itt exceed nott five pounds. In which Court the magistrate or 
magistrates, if any be chosen by the free burgesses of the juris- 
diction for thatt plantation, shall sitt and assist with due respect 

* See New Haven Colonial Records, 1638-1649, pp. no, iii. 



i02 GOVERNMENT OF NEW HAVEN [Oct. 27/Nov. 6 

to their place, and sentence shall pass according to the vote of 
the major part of each such Court, onely if the partyes, or any 
of them, be nott satisfyed with the justice of such sentences or 
executions, appeales or complaints may be made from and against 
these Courts to the Court of Magistrates for the whole jurisdic- 
tion. 

3. All such free burgesses through the whole jurisdiction, shall 
have vote in the election of all magistrates, whether Governor, 
Deputy Governor, or other magistrates, with a Treasurer, a Secre- 
tary and a Marshall, &c. for the jurisdiction. And for the ease 
of those free burgesses, especially in the more remote plantations, 
they may by proxi vote in these elections, though absent, their 
votes being sealed up in the presence of the free burgesses them- 
selves, thatt their severall libertyes may be preserved, and their 
votes directed according to their ovvne perticular light, and these 
free burgesses may, att every election, chuse so many magistrates 
for each plantation, as the weight of affayres may require, and as 
they shall finde fitt men for thatt trust. Butt it is provided and 
agreed, thatt no plantation shall att any election be left destitute 
of a magistrate if they desire one to be chosen out of those in 
church fellowshipp with them. 

4. All the magistrates for the whole jurisdiction shall meete 
twice a yeare att Newhaven, namely, the Munday immediately 
before the sitting of the two fixed Generall Courts hereafter men- 
tioned, to keep a Court called the Court of Magistrates, for the 
tryall of weighty and capitall cases, whether civill or criminall, 
above those lymitted to the ordinary judges in the perticular 
plantations, and to receive and try all appeales brought unto 
them from the aforesaid Plantation Courts, and to call all the 
inhabitants, whether free burgesses, free planters or others, to 
account for the breach of any lawes established, and for other 
misdemeanours, and to censure them according to the quallity of 
the offence, in which meetings of magistrates, less then fower 
shall nott be accounted a Court, nor shall they carry on any busi- 
nes as a Court, butt itt is expected and required, thatt all the 
magistrates in this jurisdiction doe constantly attend the publique 
service att the times before mentioned, & if any of them be 
absent att one of the clock in the afternoone on Munday aforesaid, 
when the court shall sitt, or if any of them depart the towne with- 
out leave, while the court sitts, he or they shall pay for any such 



1643] GOVERNMENT OF NEW HAVEN IO3 

default, twenty shillings fine, unless some providence of God 
occasion the same, which the Court of Magistrates shall judge 
off from time to time, and all sentences in this court shall pass 
by the vote of the major part of magistrates therein, butt from 
this Court of Magistrates, appeales and complaints may be made 
and brought to the Generall Court as the last and highest for this 
jurisdiction; butt in all appeales or complants from, or to, what 
court soever, due costs and damages shall be payd by him or 
them thatt make appeale or complaint without just cause. 

5. Besides the Plantation Courts and Court of Magistrates, 
their shall be a Generall Court for the Jurisdiction, which shall 
consist of the Governor, Deputy Governor and all the Magistrates 
within the Jurisdiction, and two Deputyes for every plantation 
in the Jurisdiction, which Deputyes shall from time to time be 
chosen against the approach of any such Generall Court, by the 
aforesaid free burgesses, and sent with due certifificate to assist in 
the same, all which, both Governor and Deputy Governor, Magis- 
trates and Deputyes, shall have their vote in the said Court. 
This Generall Court shall alwayes sitt att Newhaven, (unless upon 
weighty occasions the Generall Court see cause for a time to sitt 
elsewhere,) and shall assemble twice every yeare, namely, the 
first Wednesday in Aprill, & the last Wednesday in October, in 
the later of which Courts, the Governor, the Deputy Governor 
and all the magistrates for the whole jurisdiction with a Treasurer, 
a Secretary and Marshall, shall yearely be chosen by all the free 
burgesses before mentioned, besides which two fixed courts, the 
Governor, or in his absence, the Deputy Governor, shall have 
power to summon a Generall Court att any other time, as the 
urgent and extraordinary occasions of the jurisdiction may re- 
quire, and att all Generall Courts, whether ordinary or extraor- 
dinary, the Governor and Deputy Governor, and all the rest of 
the magistrates for the jurisdiction, with the Deputyes for the 
severall plantations, shall sitt together, till the affayres of the 
jurisdiction be dispatched or may safely be respited, and if any 
of the said magistrates or Deputyes shall either be absent att the 
first sitting of the said Generall Court, (unless some providence 
of God hinder, which the said Court shall judge of, ) or depart, 
or absent themselves disorderly before the Court be finished, he 
or they shall each of them pay twenty shillings fine, with due 
considerations of further aggravations if there shall be cause; 



104 MARYLAND TOLERATION ACT [April 

which Generall Court shall, with all care and dilligence provide 
for the maintenance of the purity of religion, and shall suppress 
the contrary, according to their best light from the worde of God, 
and all wholsome and sound advice which shall be given by the 
elders and churches in the jurisdiction, so farr as may concerne 
their civill power to deale therein. 

Seconly, they shall have power to mak and repeale lawes, and, 
while they are in force, to require execution of them in all the 
severall plantations. 

Thirdly, to impose an oath upon all the magistrates, for the 
faithfuU discharge of the trust comitted to them, according to 
their best abilityes, and to call them to account for the breach 
of any lawes established, or for other misdemeanors, and to cen- 
sure them, as the quallity of the offence shall require. 

Fowerthly, to impose and [^au] oath of fidelity and due subjec- 
tion to the lawes upon all the free burgesses, free planters, and 
other inhabitants within the whole jurisdiction, 

5ly to settle and leivie rates and contributions upon all the 
severall plantations, for the publique service of the jurisdiction. 

61y, to heare and determine all causes, whether civill or crimi- 
nall, which by appeale or complaint shall be orderly brought unto 
them from any of the other Courts, or from any of the other 
plantations, In all which, with whatsoever else shall fall within 
their cognisance or judicature, they shall proceed according to 
the scriptures, which is the rule of all rightous lawes and sen- 
tences, and nothing shall pass as an act of the Generall Court 
butt by the consent of the major part of magistrates, and the 
greater part of Deputyes. 



No. 21. Maryland Toleration Act 

April, 1649 

Practical religious toleration existed in Maryland from the first, although 
for some years the Jesuits were the only clergy in the colony. The Puritan 
party, however, increased; and the success of Parliament in its struggle with 
the king forced Baltimore not only to protect the Catholics, but also to guard 
against the charge that Maryland was a Catholic colony. To that end, in 
1648 he removed the governor, Thomas Greene, a Catholic, and appointed 
William Stone of Virginia, a Protestant and an adherent of the Parliamentary 



1649] MARYLAND TOLERATION ACT IO5 

cause. With the new commissions for the governor and council, Baltimore 
also sent drafts of sixteen proposed laws, one of which, apparently, was the 
Toleration Act. The act was passed by an assembly, the majority of whom 
were probably Catholics, held at St. Mary's, April 2-21, 1649. -^ proviso in 
Stone's commission, forbidding him to assent to the repeal of any law, past or 
future, concerning religion, was designed to prevent later interference. In 
1654, when the Puritans gained control, the protection hitherto accorded to 
Catholics was withdrawn; but the act of 1649 was revived in 1658, on the 
restoration of Baltimore's authority, and was incorporated in the revision of 
the laws made in 1676. An order of 1659, imposing penalties upon Quakers, 
seems not to have been enforced. 

References. — Text in Browne's Archives of Maryland, I., 244-247. On 
the general subject of toleration in Maryland, see references in Winsor's Narr. 
and Crit. Hist., III., 560-562. 

An Act Concerning Religion 

[The first part of the act provides for the punishment of 
blasphemy and Sabbath-breaking, an^l of such persons as shall 
call any one within the Provincey^'an heretick, Scismatick, 
Idolator, puritan, Independant, Prespiterian popish prest, Jesuite, 
Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Anti- 
nomian, Barrowist, Roundhead, Separatist, or any other name or 
terme in a reproachfull manner relating to matter of ReligionXj 
L/|4nd whereas the inforceing of the conscience in matters of 
Eulligion hath frequently fallen out to be of dangerous Conse- 
quence in those commonwealthes where it hath been practised. 
And for the more quiett and peaceable governement of this 
Province, and the better to preserve mutuall Love and amity 
amongst the Inhabitants thereof. Be it Therefore . . . enacted 
(except as in this present Act is before Declared and sett forth) 
that noe person or persons whatsoever within this Province, or 
the Islands, Ports, Harbors, Creekes, or havens thereunto be- 
longing professing to beleive in Jesus Christ, shall from hence- 
forth bee any waies troubled, Molested or discountenanced for 
or in respect of his or her religion nor in the free exercise thereof 
within this Province or the Islands thereunto belonging nor any 
way compelled to the beleife or exercise of any other Religion 
against his or her consent, soe as they be not unfaithfuU to the 
Lord Proprietary, or molest or conspire against the civill Govern- 
ment established or to bee established in this Province under him 
or his heires. And that all & every person and persons that shall 
presume Contrary to this Act and the true intent and meaning 



I06 NAVIGATION ACT [Oct. 9/19 

thereof directly or indirectly either in person or estate willfully 
to wrong disturbe trouble or molest any person whatsoever within 
this Province grolessing to be^eive in Jesus Christ for or in 
respect of his or her religion or the free exercise thereof within 
this Province other than is provided for in this Act that such 
person or persons soe offending, shalbe compelled to pay trebble 
damages to the party soe wronged or molested, and for every such 
offence shall also forfeit 20' sterling in money or the value thereof, 
half thereof for the use of the Lo : Proprietary, and his heires 
Lords and Proprietaries of this Province, and the other half for 
the use of the party soe wronged or molested as aforesaid. Or if 
the partie soe offending as aforesaid shall refuse or bee unable to 
recompense the party soe wronged, or to satisfy such ffyne or 
forfeiture, then such Offender shalbe severely punished by pub- 
lick whipping & imprisonment during the pleasure of the Lord 
Proprietary, or his Leiuetenant or cheife Governor of this Pr9V^ 
ince for the tyme being without baile or maineprise. . . . 



No. 22. Navigation Act 

October 9/19, 1651 

Under the early colonial charters, the American colonies were generally 
exempted, either wholly or for a term of years, from the operation of the 
various acts for the regulation of trade then in force. The activity of the 
Dutch, however, gradually secured to that nation the virtual control of 
the colonial carrying trade. To regain this trade for the English, Parlia- 
ment, in 1645, passed the first of a long series of acts and ordinances com- 
monly spoken of collectively as the Navigation Acts. The ordinance of 1645 
prohibited the importation into England, in other than English vessels manned 
by English seamen, of whale oil and other products of the whale fisheries. An 
ordinance of the following year restricted the foreign trade of the colonies to 
English bottoms. In 1649 the importation into England, Ireland, "or any 
of the dominions thereof," of French wines, wool, and silk was prohibited. In 
1650, Virginia and certain of the West India colonies, where opposition to 
Puritanism had broken out, were declared to be in rebellion; and in order 
" to hinder the carrying over of any such persons as are enemies to this 
Commonwealth, or that may prove dangerous to any of the English planta- 
tions in America," foreign vessels were forbidden to trade with the colonies, 
save under license from Parliament or the Council of State. The act of 1651 
aimed to secure the colonial trade for the mother country by " a policy of 
coercion pure and simple." 

References. — Text in ScoheWs -Acts 0/ Farltameni (ed. 1653), 165-170. 



1 65 1] NAVIGATION ACT I07 

The original text is in black letter, except the words here printed in italics; 
and there is no division into paragraphs. On the history and effects of the 
Navigation Acts, as touching America, see Beer's Coinniercial Policy of Eng- 
land towards the American Colonies, in Columbia Coll. Studies, III., No. 2; 
Channing's Navigation I.aivs, in Amer. Antiq. Soc. Proceedings, 1889; Scott's 
Development of Constitutional Liberty, chap. 8. 

An Act for increase of Shipping and Encouragement of tlie 
Navigation of this Nation. 

For the Increase of the Shipping and the encouragement of the 
Navigation of this Nation, which under the good Providence and 
protection of God, is so great a means of the Welfare and Safety 
of this Commonwealth; Be it Enacted by this present Parliament, 
and the Authority thereof. That from and after the First day of 
December, One thousand six hundred fifty one, and from thence- 
forvvards, No Goods or Commodities whatsoever, of the Growth, 
Production or Manufacture of Asia, Africa or America, or of any 
part thereof; or of any Islands belonging to them or any of tliem, 
or which are described or laid down in the usual Maps or Cards 
of those places, as well of the English Plantations as others, shall 
be Imported or brought into this Commonwealth of England, or 
into Ireland, or any other Lands, Islands, Plantations or Terri- 
tories to this Commonwealth belonging, or in their Possession, 
in any other Ship or Ships, Vessel or Vessels whatsoever, but 
onely in such as do truly and without fraud belong onely to the 
People of this Commonwealth, or the Plantatibns thereof, as the 
Proprietors or right Owners thereof : And whereof the Master and 
Mariners are also for the most part of them, of the People of this 
Commonwealth, under the penalty of the forfeiture and loss of 
all the Goods that shall be Imported contrary to this Act; as also 
of the Ship (with all her Tackle, Guns and Apparel) in which the 
said Goods or Commodities shall be so brought in and Imported; 
The one moiety to the use of the Commonwealth, and the other 
moiety to the use and behoof of any person or persons who shall 
seize the said Goods or Commodities, and shall prosecute the 
same in any Court of Record within this Commonwealth. 

And it is further Enacted . . . , That no Goods or Commodities 
of the Growth, Production or Manufacture of Europe, or of any 
part thereof, shall after the First day of December, One thousand 
six hundred fifty and one, be Imported or brought into this Com- 
monwealth of England, or into Ireland, or any other Lands, 



I08 NAVIGATION ACT [Oct. 9/19 

Islands, Plantations or Territories to this Commonwealth belong- 
ing, or in their possession, in any Ship or Ships, Vessel or Vessels 
whatsover, but in such as do truly and without fraud belong onely 
to the people of this Commonwealth, as the true Owners and 
Proprietors thereof, and in no other, except onely such Foreign 
Ships and Vessels as do truly and properly belong to the people 
of that Countrey or place, of which the said Goods are the Growth, 
Production or Manufacture; or to such Ports where the said Goods 
can onely be, or most usually are first Shipped for Transporta- 
tion ; And that under the same penalty of forfeiture and loss 
expressed in the former Branch of this Act, the said Forfeitures 
to be recovered and imployed as is therein expressed. 

And it is further Enacted . . . , That no Goods or Commodities 
that are of Foreign Growth, Production or Manufacture, and 
which are to be brought into this Commonwealth, in shipping 
belonging to the people thereof, shall be by them Shipped or 
brought from any other place or places, Countrey or Countreys, 
but onely from those of their said Growth, Production or Manu- 
facture; or from those Ports where the said Goods and Commodi- 
ties can onely, or are, or usually have been first shipped for 
Transportation; And from none other Places or Countreys, under 
the same penalty of forfeiture and loss expressed in the first 
Branch of this Act, the said Forfeitures to be recovered and 
imployed as is therein expressed. 

And it is further Enacted . . . , That no sort of Cod-fish, Ling, 
Herring, Pilchard, or any other kinde of salted Fish, usually 
fished for and caught by the people of this Nation; nor any Oyl 
made, or that shall be made of any kinde of Fish whatsoever; 
nor any Whale-fins, or Whale-bones, shall from henceforth be 
Imported into this Commonwealth, or into Ireland, or any other 
Lands, Islands, Plantations or Territories thereto belonging, or 
in their possession, but onely such as shall be caught in Vessels 
that do or shall truly and properly belong to the people of this 
Nation, as Proprietors and Right Owners thereof : And the said 
Fish to be cured, and the Oyl aforesaid made by the people of 
this Commonwealth, under the penalty and loss expressed in the 
said first Branch of this present Act ; the said Forfeit to be 
recovered and imployed as is there expressed. 

And it is further Enacted . . . , That no sort of Cod, Ling, 
Herring, Pilchard, or any other kinde of Salted Fish whatsoever, 



165 1] NAVIGATION ACT IO9 

which shall be caught and cured by the people of this Common- 
wealth, shall be from and after the First day of February, One 
thousand six hundred fifty three, Exported from any place or 
places belonging to this Commonwealth, in any other Ship or 
Ships, Vessel or Vessels, save onely in such as do truly and prop- 
erly appertain to the people of this Commonwealth, as Right 
Owners; and whereof the Master and Mariners are for the most 
part of them English, under the penalty and loss expressed in the 
said first Branch of this present Act; the said Forfeit to be recov- 
ered and imployed as is there expressed. 

Provided always, That this Act, nor anything therein contained, 
extend not, or be meant to restrain the Importation of any of the 
Commodities of the Streights or Levant Seas, loaden in the Ship- 
ping of this Nation as aforesaid, at the usual Ports or places for 
lading of them heretofore within the said Streights or Levant 
Seas, though the said Commodities be not of the very Growth of 
the said places. 

Provided also. That this Act nor any thing therein contained, 
extend not, nor be meant to restrain the Lnporting of any East- 
India Commodities loaden in the Shipping of this Nation, at the 
usual Port or places for lading of them heretofore in any part of 
those Seas, to the Southward and Eastward of Cabo Bona Es- 
peranza, although the said Ports be not the very places of their 
Growth. 

Provided also, That it shall and may be lawful to and for any 
of the people of this Commonwealth, in Vessels or Ships to them 
belonging, and whereof the Master and Mariners are of this 
Nation as aforesaid. To load and bring in from any of the Ports 
of Spain and Portugal, all sorts of Goods or Commodities that 
have come from, or any way belonged unto the Plantations or 
Dominions of either of them respectively. 

Be it also further Enacted . . . , That from henceforth, it shall 
not be lawful to any person or persons whatsover, to load or cause 
to be loaden and carryed in any Bottom or Bottoms, Ship or 
Ships, Vessel or Vessels whatsover, whereof any Stranger or 
Strangers born (unless such as be Denizens or Naturalized) be 
Owners, part Owners or Master, Any Fish, Victual, Wares, or 
things of what kinde or nature soever the same shall be, from 
one Port or Creek of this Commonwealth to another Port or Creek 
of the same, under penalty to every one that shall offend contrary 



no FIRST NAVIGATION ACT [1660 

to the true meaning of this Branch of this present Act, to forfeit 
all the Goods that shall be so laden or carried, as also the Ship 
upon which they shall be so laden or carried, the same Forfeit 
to be recovered and imployed as directed in the First Branch of 
this present Act. 

Lastly, That this Act nor any thing therein contained, extend 
not to Bullion, nor yet to any Goods taken, or that shall be taken 
by way of Reprizal by any Ship or Ships, having Commission 
from this Commonwealth. 

Provided, That this Act, or any thing therein contained, shall 
not extend, nor be construed to extend to any Silk or Silk-wares 
which shall be brought by Land from any parts of Italy, and there 
bought with the proceed of English Commodities, sold either for 
money or in Barter; but that it shall and may be lawful for any 
of the People of this Commonwealth to ship the same in English 
Vessels from Ostend, Newport, Roterdam, Middleburgh, Amster- 
dam, or any Ports thereabouts; The Owners and Proprietors first 
making Oath by themselves, or other credible Witness, before 
the Commissioners of the Customs for the time being or their 
Deputies, or one of the Barons of the Exchequer, That the Goods 
aforesaid were so bought for his or their own proper Accompt in 

Italy. 

♦■ 

No. 23. First Navigation Act 
1660 

The act of 1660, usually known as the First Navigation Act, embodied, in 
more systematic form, the important provisions of earlier acts, with the object 
of protecting both English and colonial shipping, and exploiting the colonial 
trade for the benefit of the mother country. As the act was passed by the 
Convention Parliament, it was confirmed in 1661 by the first Parliament, 
known technically as the thirteenth, regularly assembled after the restoration 
of Charles II. 

References. — Text in Statutes of the Realm, V., 246-250. The act is 
cited as 12 Car. II., c. 18. For general references, see under No. 22, ante. 

An Act for the Encourageing and increasing of Shipping and 

Navigation. 

[I.] For the increase of Shiping and incouragement of the 
Navigation of this Nation, wherin under the good providence 
and protection of God the Wealth Safety and Strength of this 



i66o] FIRST NAVIGATION ACT III 

Kingdome is soe much concerned Bee it Enacted by the Kings 
most Excellent Majesty and by the Lords and Commons in this 
present Parliament assembled and the Authoritie therof That 
from and after the First day of December One thousand six hun- 
dred and sixty and from thence forward noe Goods or Commodi- 
ties whatsoever shall be Imported into or Exported out of any 
Lands Islelands Plantations or Territories to his Majesty belong- 
ing or in his possession or which may hereafter belong unto or 
be in the possession of His Majesty His Heires and Successors 
in Asia Africa or America in any other Ship or Ships Vessell or 
Vessells whatsoever but in such Ships or Vessells as doe truely 
and without fraude belong onely to the people of England or 
Ireland Dominion of Wales or Towne of Berwicke upon Tweede, 
or are of the built of, and belonging to any of the said Lands 
Islands Plantations or Territories as the Proprietors and right 
Owners therof and wherof the Master and three fourthes of the 
Marriners at least are English under the penalty of the Forfeiture 
and Losse of all the Goods and Commodityes which shall be 
Imported into, or Exported out of, any the aforesaid places in 
any other Ship or Vessell, as alsoe of the Ship or Vessell with all 
its Guns Furniture Tackle Ammunition and Apparell, one third 
part thereof to his Majesty his Heires and Successors, one third 
part to the Governour of such Land Plantation Island or Territory 
where such default shall be commited in case the said Ship or 
Goods be there seised, or otherwise that third part alsoe to his 
Majesty his Heires and Successors, and the other third part to 
him or them who shall Seize Informe or sue for the same in any 
Court of Record by Bill Information Plaint or other Action 
wherein noe Essoigne Protection or Wager of Law shall be 
allowed. And all Admiralls and other Commanders at Sea of any 
the Ships of War or other Ship haveing Commission from His 
Majesty or from his Heires or Successors are hereby authorized 
and strictly required to seize and bring in as prize all such Ships 
or Vessells as shall have offended contrary hereunto and deliver 
them to the Court of Admiralty there to be proceeded against 
and in case of condemnation one moyety of such Forfeitures 
shall be to the use of such Admiralls or Commanders and their 
Companies to be divided and proportioned amongst them accord- 
ing to the Rules and Orders of the Sea in [cases *] of Ships taken 

* Case in the original Ms. 



112 FIRST NAVIGATION ACT [1660 

prize, and the other moyety to the use of his Majesty his Heires 
and Successors. 

*********** 

[III.] And it is further Enacted . . . that noe Goods or Com- 
modityes whatsoever of the growth production or manufacture of 
Africa Asia or America or of any part thereof, or which are dis- 
cribed or laid downe in the usuall Maps or Cards of those places 
be Imported into England Ireland or Wales Islands of Guernsey 
or Jersey or Towne of Berwicke upon Tweede in any other Ship 
or Ships Vessell or Vessels whatsoever, but in such as doe truely 
and without fraude belong onely to the people of England or 
Ireland, Dominion of Wales or Towne of Berwicke upon Tweede 
or of the Lands Islands Plantations or Territories in Asia Africa 
or America to his Majesty belonging as the proprietors and right 
owners therof, and wherof the Master and three fourthes at least 
of the Mariners are English under the penalty of the forfeiture 
of all such Goods and Commodityes, and of the Ship or Vessell 
in which they were Imported with all her Guns Tackle Furni- 
ture Ammunition and Apparell, one moyety to his Majesty his 
Heires and Successors, and the other moyety to him or them 
whoe shall Seize Inform or Sue for the same in any Court of 
Record by Bill Information Plaint or other Action wherein noe 
Essoigne Protection or Wager in Law shall be allowed. 

[IV.] And it is further Enacted . . . that noe Goods or Com- 
modityes that are of forraigne growth production or manufacture 
and which are to be brought into England Ireland Wales, the 
Islands of Guernsey & Jersey or Towne of Berwicke upon Tweede 
in English built shiping, or other shiping belonging to some of 
the aforesaid places, and navigated by English Mariners as 
abovesaid shall be shiped or brought from any other place or 
Places, Country or Countries but onely from those of their said 
Growth Production or Manufacture, or from those Ports where 
the said Goods and Commodityes can onely or are or usually 
have beene first shiped for transportation and from none other 
Places or Countryes under the penalty of the forfeiture of all such 
of the aforesaid Goods as shall be Imported from any other place 
or Country contrary to the true intent and meaning hereof, as 
alsoe of the ship in which they were imported with all her Guns 
Furniture Ammunition Tackle and Apparel, one Moyety to His 
Majesty His Heires and Successors and the other Moyety to him 



i66o] FIRST NAVIGATION ACT II3 

or them that shall seize informe or sue for the same in any Court 
of Record to be recovered as is before exprest, 

[v.] And it is further Enacted by the Authority aforesaid That 
any sort of Ling Stockefish Pilchard, or any other kinde of dryed 
or salted fish usually fished for and caught by the people of Eng- 
land Ireland Wales or Towne of Bervvicke upon Tweede, or any 
sort of Codfish or Herring, or any Oyle or Blubber made or that 
shall be made of any kinde of Fish whatsoever, or any Whale 
fines or Whale bones which shall be imported into England Ire- 
land Wales or Towne of Bervvicke upon Tweede not haveing 
beene caught in Vessels truely and properly belonging thereunto 
as Proprietors and right Owners thereof and the said Fish cured 
saved or dryed, and the Oyle and Blubber aforesaid (which shall 
be accompted and pay as oyle) not made by the people thereof, 
and shall be imported into England Ireland or Wales or Towne 
of Berwicke upon Tweede shall pay double Aliens custome. 

[VI.] And be it further Enacted by the Authority aforesaid 
That from henceforth it shall not be lawfull to any person or per- 
sons whatsoever to Load or cause to be Loaden and carryed in 
any Bottome or Bottomes Ship or Ships Vessell or Vessels what- 
soever wherof any Stranger or Strangers borne (unlesse such as 
[shall *] bee Denizens or Naturalized) be Owners part Owners or 
Master and wherof three Fourthes of the Mariners at least shall 
not be English any Fish Victuall Wares Goods Commodityes or 
[Goods t] of what kinde or Nature soever the same shall be from 
one Port or Creeke of England Ireland Wales Islands of Guernsey 
or Jersey or Towne of Berwicke upon Tweede to another Port or 
Creeke of the same or of any of them under penalty for every 
one that shall offend contrary to the true meaning of this branch 
of this present Act to forfeit all such goods . , . together with the 
Ship or Vessell and all her Guns Ammunition Tackle Furniture 
and Apparel, one moyety to His Majesty His Heires and Suc- 
cessors and the other moyety to him or them that shall Informe 
Seize or Sue for the same in any Court of Record to be recovered 
in manner aforesaid. 

*********** 

[VIII.] And it is further Enacted . . . That noe Goods or 
Commodityes of the Growth Production or Manufacture of Mus- 

* Omitted in tlie original Ms. 
t The original Ms. has things. 



114 FIRST NAVIGATION ACT [1660 

covy or of any the Countryes Dominions or Territories to the 
Great Duke or Emporer of Muscovia or Russia belonging, As 
alsoe that noe sorts of Masts Timber or boards noe forraigne Salt 
Pitch Tar Rozin Hempe or Flax Raizins Figs Prunes Olive Oyles 
noe [sort*] of Corne or Graine Sugar Pot-ashes Wines Vinegar or 
Spirits called Aqua-vite or Brandy Wine shall from and after . . . 
[April I, 1 661] ... be imported into England Ireland Wales or 
Towne of Berwicke upon Tweede in any Ship or Ships Vessel or 
Vessels whatsoever but in such as doe truely and without fraude 
belong to the people therof or of some of them as the true Owners 
and proprietors therof, and wherof the Master and Three Fourths 
of the Mariners at least are English, and that noe Currants, nor 
Commodityes of the growth production or Manufacture of any 
the Countryes Islands Dominions or Territories to the Othoman 
or Turkish Empire belonging shall from and after the first day 
of September which shall be in the yeare of our Lord One thou- 
sand six hundred sixty one be imported into any the foremen- 
tioned places in any .Ship or Vessel, but which is of English built 
and navigated as aforesaid and in noe other, except onely such 
forraigne ships and vessels as are of the built of that Country 
or place of which the said Goods are the growth production or 
Manufacture respectively, or of such Port where the said Goods 
can onely be or most usually are first shiped for transportation, 
and wherof the Master and three Fourths of the Mariners at least 
are of the said Country [andf] place under the penalty and for- 
feiture of Ship and Goods to be disposed and recovered as in the 

foregoing Clause. 

*********** 

[XVIII.] And it is further Enacted . . . That from and after 
. . . [April I, 1661] . . . noe Sugars Tobaccho Cotton Wool In- 
dicoes Ginger Fustick or other dyeing wood of the Growth Pro- 
duction or Manufacture of any English Plantations in America 
Asia or Africa shall be shiped carryed conveyed or transported 
from any of the said English Plantations to any Land Island 
Territory Dominion Port or place whatsoever other then to such 
[ j] English Plantations as doe belong to His Majesty His 
Heires and Successors or to the Kingdome of England or Ireland 
or Principallity of Wales or Towne of Berwicke upon Tweede 

* sorts in the original Ms. t or in the original Ms. 

1 The Ms, inserts other. 



i66o] FIRST NAVIGATION ACT il5 

there to be laid on shore under the penalty of the Forfeiture of 
the said Goods or the full value thereof, as alsoe of the Ship 
with all her Guns Tackle Apparel Ammunition and Furniture, 
the one moyety to the Kings Majesty His Heires and Successors, 
and the other moyety to him or them that shel seize informe or 
sue for the same in any Court of Record by Bil Plaint or Infor- 
mation wherein noe Essoyne Protection or Wager of Law shall 
be allowed. 

[XIX. J And be it further Enacted . . . That for every Ship or 
Vessel which from and after . . . [December 25, 1660] . . . shall set 
saile out of, or from England Ireland Wales or Towne of Berwicke 
upon Tweede for any English Plantation in America Asia [or] 
Africa sufficient bond shall be given with one surety to the cheife 
Officers of the Custome house, of such Port or place from whence 
the said Ship shall set saile to the value of one thousand pounds 
if the ship be of lesse burthen then one hundred Tuns, and of 
the summe of two thousand pounds if the Ship [shal] be of greater 
burthen. That in case the said Ship or Vessel shall loade any of 
the said Commodityes at any of the said English Plantations, 
that the same Commodityes shall be by the said ship brought to 
some Port of England Ireland Wales, or to the Port or Towne of 
Berwicke upon Tweede and shall there unload and put on shore 
the same, the danger of the Seas onely excepted, And for all ships 
coming from any other Port or Place to any of the aforesaid 
plantations who by this Act are permited to trade there, that the 
Governouj of such English plantation shall before the said Ship 
or Vessel be permited to loade on board any of the said Com- 
modityes take Bond in manner and to the value aforesaid for each 
respective Ship or Vessel, That such Ship or Vessell shall carry 
all the aforesaid Goods that shall be laden on board in the said 
ship to some other of His Majestyes English Plantations, or to 
England Ireland Wales or Towne of Berwicke upon Tweede, And 
that every ship or vessel [that*] shall loade or take on board any 
of the aforesaid Goods until such Bond given to the said Gov- 
ernour or Certificate produced from the Officers of any Custome 
house of England Ireland Wales or of the Towne of Berwicke 
that such bond have beene there duely given, shall be forfeited 
with all her Guns Tackle Apparel and Furniture to be imployed 
and recovered in manner [as] aforesaid. . . . 

* which in the original Ms. 



Il6 CHARTER OF CONNECTICUT [April 23/May 3 

No. 24. Charter of Connecticut 

April 23/May 3, 1662 

In May, 1661, the General Court of Connecticut appointed a committee to 
prepare a petition for a royal charter. Governor Winthrop, to whom the nego- 
tiations were intrusted, had the influential support of Lord Say and Sele and 
the Earl of Manchester; and in April, 1662, the charter was granted. The 
boundaries, as defined by the charter, included New Haven. The delay of 
the latter colony in proclaiming Charles II., and its tender treatment of the 
regicides, had brought it into disfavor with the king; and it now, under the 
lead of Davenport, resisted annexation, and appealed to the Commissioners of 
the United Colonies. But the conquest of New Netherland by the English, 
in 1664, and the grant to the Duke of York of territory as far east as the 
Connecticut River, hastened submission; and in December of the latter year a 
committee was appointed to arrange for the union. A quo warranto was 
issued against the Connecticut charter in 1684, but judgment was not entered. 
When Andros demanded the charter, in 1687, it was secreted, and remained 
hidden until 1689, when, upon the deposition of Andros, government under 
the charter was resumed. The State constitution of 1776 continued the 
charter in force, with a few changes, and it remained the fundamental law of 
Connecticut until the adoption of a new constitution in 1818. 

References. — Text in Connecticut Colonial Records, II., 3-1 1. Win- 
throp's instructions, the address to the King, and the letter to the Earl of 
Manchester, are in ib., I., 579-585. For the proceedings in New Haven, 
see the New Haven Colonial Records, 1653-1665, passitn. See also Bowen's 
Boundary Disputes of Connecticut; Trumbull's Connecticut, I., chap. 12; 
Doyle's Puritan Colonies, II., 154-162. 

CfjarUs W^z Seconti, [&c.] Whereas, by the severall Naviga- 
tions, discoveryes and successful! Plantations of diverse of our 
loveing Subjects of this our Realme of England, Severall Lands, 
Islands, Places, Colonies and Plantations have byn obtayned and 
setled in that parte of the Continent of America called New Eng- 
land, and thereby the Trade and Comerce there hath byn of late 
yeares much increased, And whereas. We have byn informed by 
the humble Petition of our Trusty and welbeloved John Winthrop, 
John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John 
Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry 
Woolicot, John Talcott, Daniell Clerke, John Ogden, Thomas 
Wells, Obedias Brewen, John Clerke, Anthony Haukins, John 
Deming, and Mathew Camfeild, being Persons Principally inter- 
ested in our Colony or Plantation of Conecticutt in New England, 
that the same Colony or the greatest parte thereof was purchased 



i662] CHARTER OF CONNECTICUT II7 

and obteyned for greate and valuable considerations, And some 
other parte thereof gained by Conquest and with much dilificulty, 
and att the onely endeavours, expence and Charge of them and 
their Associates, and those under whome they Clayme, Subdued 
and improved, and thereby become a considerable enlargement 
and addition of our Dominions and interest there, — Now Know 
yea, that in Consideration thereof, and in regard the said Colony 
is remote from other the English Plantations in the Places afore- 
said, And to the end the Affaires and Busines which shall from 
tynie to tyme happen or arise concerning the same may bee duely 
Ordered and managed. Wee have thought fittj and att tjoe humble 
Petition of the Persons aforesaid, and are graciously pleased to 
Create and Make them a Body Pollitique and Corporate, with 
the powers and Priviledges herein after mentioned; And accord- 
ingly wee . . TlDy theis presents . . . Doe Ordeine, Qonslilute . 

and Declare That they, the said John Winthrop . . . [and others] 
. . . , and all such others as now are or hereafter shall bee Ad- 
mitted and made free of the Company and Society of our Collony 
of Conecticut in America, shall . . . bee one Body Corporate and ) 
Pollitique in fact and name, by the Name of Governour and 
Company of the English Collony of Conecticut in New England 
in America; . . . And further, wee . . . Doe Declare and ap- 
point, that for the better ordering and manageing of the affaires 
and businesse of the said Company and their Successors, there 
shall be one Governour, one Deputy Governour and Twelve 
Assistants, to bee from tyme to tyme Co nstitute d. Elected and 
Chosen out of the Freemen of the said Company for the tyme 
being, in such manner and forme as hereafter in these presents 
is expressed; which said Officers shall apply themselves to take 
care for the best disposeing and Ordering of the Generall busines 
and affaires of and concerning the lands and hereditaments herein 
after mentioned to bee graunted, and the Plantation thereof and 
the Government of the People thereof. And . . . Wee doe . . . 
Constitute and appoint the aforesaid John Winthrop to bee the 
first and present Governour of the said Company; And the said 
John Mason to bee the Deputy Governour; And the said Samuell 
Willis, Mathew Allen, Nathan Gold, Henry Gierke, Richard 
Treat, John Ogden, Thomas Tappen, John Talcott, Thomas 
Wells, Henry Woolcot, Richard Lord and Daniell Gierke to bee 
the Twelve present Assistants of the said Company; to contynue 



Il8 CHARTER OF CONNECTICUT [April 23 /May 3 

in the said severall Offices respectively untill the second Thurs- 
day which shall bee in the Moneth of October now next comeing. 
And further, wee . . . Doe Ordaine and Graunt that the Governour 
of the said Company for the tyme being, or, in his absence by 
occasion of sicknes, or otherwise by his leave or permission, the 
Deputy Governour for the tyme being, shall and may from tyme 
to tyme upon all occasions give Order for the assembling of the 
said Company and calling them together to Consult and advise 
of the businesse and Affaires of the said Company, And that for 
ever hereafter. Twice in every yeare, (That is to say,) on every 
second Thursday in October and on every second Thursday in 
May, or oftener, in Case it shall be requisite, The Assistants and 
freemen of the said Company, or such of them (not exceeding 
twoe Persons from each place, Towne or Citty) whoe shall bee 
from tyme to tyme thereunto Elected or Deputed by the major 
parte of the freemen of the respective Tovvnes, Cittyes and Places 
for which they shall bee soe elected or Deputed, shall have a 
generall meeting or Assembly, then and their to Consult and 
advise in and about the Affaires and businesse of the said Com- 
pany; And that the Governour, or . . . Deputy Governour • . . , 
and such of the Assistants and freemen of the said Company as 
shall be soe Elected or Deputed and bee present att such meeting 
or Assembly, or the greatest number of them, whereof the Gov- 
ernour or Deputy Governour and Six of the Assistants, at least, 
to bee Seaven, shall be called the Generall Assembly, and shall 
have full power and authority to alter and change their dayes and 
tymes of meeting or Generall Assemblies for Electing the Gov- 
ernour, Deputy Governour and Assistants or other Officers, or 
any other Courts, Assemblies or meetings, and to Choose, Nomi- 
nate and appoint such and soe many other Persons as they shall 
thinke fitt and shall bee willing to accept the same, to bee free 
of the said Company and Body Politique, and them into the same 
to Admitt and to Elect, and Constitute such Officers as they shall 
thinke fitt and requisite for the Ordering, mannageing and dis- 
poseing of the Affaires of the said Governour and Company and 
their Successors. And wee doe hereby . . , Establish and Or- 
deine, that once in the yeare • . . , namely, the said Second 
Thursday in May, the Governour, Deputy Governour and Assist- 
ants of the said Company and other Officers of the said Company, 
or such of them as the said Generall Assembly shall thinke fitt, 



1662] EXPLAI^ATORY NAVIGATION ACT II9 

shall bee, in the said Generall Court and Assembly to bee held 
from that day or tyme, newly Chosen for the yeare ensuing, by 
such greater part of the said Company for the tyme being then 
and there present. . . . And Knowe yee further. That Wee 
. , . Doe give, Graunt and Confirme unto the said Governor and 
Company and their Successors, All that parte of our Dominions 
in Newe England in America bounded on the East by Norrogan- 
cett River, comonly called Norrogancett Bay, where the said 
River falleth into the Sea, and on the North by the lyne of the 
Massachusetts Plantation, and on the South by the Sea, and in 
longitude as the lyne of the Massachusetts Colony, runinge from 
East to West, (that is to say,) from the said Narrogancett Bay on 
the East to the South Sea on the West parte, with the Islands 
thereunto adjoyneinge. . . . 



No. 25. Explanatory Navigation Act 
1662 

Question having arisen in regard to the definition of English built ships 
and English mariners, under the act of 1660, these terms were further defined 
by a section of the act of 1662. Only the section in question is here given. 

References. — Text in Statutes of the Realm, V., 394, 395. The act is 
cited as 14 Car. II., c. 11. 

An Act for preventing Frauds and regulating Abuses in His 
Majesties Customes. 

[Sec. v.] . . .* And that no Forreign built Ship (that is to 
say) not built in any of His Majesties Dominions of Asia Africa 
or America or other then such as shall (bona fide) be bought 
before the First of October One thousand six hundred sixty and 
two next ensuing and expresly named in the said List shall enjoye 
the priviledge of a Ship belonging to England or Ireland although 
owned or manned by English (except such Ships only as shall be 
taken at Sea by Letters of Mart or Reprizal and Condemnation 
made in the Court of Admiralty as lawfull Prize) but all such 
Ships shall be deemed as Aliens Ships and be liable unto all 
Duties that Aliens Ships are liable unto by vertue of the said Act 

* The omitted part of the section requires Collectors of Customs to transmit to 
the Court of Exchequer lists of foreign-built ships, English owned. 



120 FIRST CHARTER OF CAROLINA [March 24/ April 3 

for encrease of Shipping and Navigation And whereas it is re- 
quired by the said Act that in sundry cases the Master and three 
fourths of the Mariners are to be English it is to be understood 
that any of His Majesties Subjects of England Ireland and His 
Plantations are to bee accounted English and no others and that 
the number of Mariners be accounted according to what they 
shall have been during the whole Voyage. 



No. 26. First Charter of Carolina 

March 24/April 3, 1662/3 

The region later known as Carolina had been included in the original 
Virginia grant of 1606; but no permanent settlements had been made, and 
on the revocation of the third Virginia charter, in 1624, the territory became 
subject to the disposal of the Crown. In 1629, Sir Robert Heath, then 
attorney-general, received from Charles I. a grant of the region south of 
Virginia, between 31° and 36° north latitude, under the name of Carolana; 
but no use was made of the grant, and no further attempt was made to 
develop the country until the grant of a charter to Clarendon and his associ- 
ates, in March, 1662/3. An order in council of Aug. 12/22, 1663, declared 
the Heath patent void for non-user; but claims under it continued to be 
urged until 1768, when the descendants of Daniel Coxe, of New Jersey, to 
whom the patent had been transferred in 1696, received from the Crown a 
grant of 100,000 acres of land in New York in satisfaction of their claim. 

References. — Text in Statutes at Large of South Carolina (Cooper's ed., 
1836), I., 22-31. The Heath grant is in Colonial Records of North Carolina, 
I., 1-13. For the documentary sources see, beside the Records, Carroll's 
Historical Collections of South Carolina ; Sainsbury's Calendar of State 
Papers, Colonial, V., VI. On the early history of South Carolina, McCrady's 
History of South Carolina under the Proprietary Government is of prime 
importance; see also Rivers's Sketch of the History of South Carolina; 
Whitney's Government in the Colony of South Carolina, in Johns Hopkins 
Univ. Studies, XIII., Nos. i and 2. On North Carolina see Hawks's History 
of North Carolina, II.; Bassett's Constitutional Beginnings North Carolina, 
in Johns Hopkins Univ. Studies, XII., No. 3. 

CHARLES THE SECOND, [&c.]. ... 

I St. Whereas our right trusty, and right well beloved Cousins 
and Counsellors, Edward, Earl of Clarendon, our high Chan- 
cellor of England, and George, Duke of Albemarle, Master of 
our horse and Captain General of all our Forces, our right trusty 



1662/3] FIRST CHARTER OF CAROLINA t2I 

and well beloved William Lord Craven, John Lord Berkley, our 
right trusty and well beloved Counsellor, Anthony Lord Ashley, 
Chancellor of our Exchequer, Sir George Carteret, Knt. and 
Baronet, Vice Chamberlain of our houseTiold, and our trusty and 
well beloved Sir William Berkley, Knt. and Sir John Colleton, 
Knight and Baronet, being excited with a laudable and pious 
zeal for the Propagation of the Christian Faith, and the Enlarge- 
ment of our Empire and Dominions, have humbly besought leave 
of us by their industry and charge, to transport and make an 
ample Colony of our subjects, natives of our Kingdom of Eng- 
land, and elsewhere within our Dominions, unto a certain country 
hereafter described, in the parts of America not yet cultivated 
or planted, and only inhabited by some barbarous people, who 
have no knowledge of Almighty God. 

2d. And whereas the said Edward, Earl of Clarendon, . . . 
[and others] . . . have humbly besought us to give, grant and 
confirm unto them and their heirs, the said country, with Privi- 
ledges and Jurisdictions requisite for the good government and 
safety thereof : Know ye, therefore, that we, favouring the pious 
and noble purpose of the said Edward Earl of Clarendon . . . 
[and others] ... by this our present Charter ... do Give, Grant 
and Confirm unto the said Edward Earl of Clarendon . . . [and 
others] ... all that territory or tract of ground, scituate, lying 
and being within our dominions of America, extending from the 
North end of the Island called Lucke-Island, which lieth in the 
Southern Virginia Seas, and within six and thirty degres of 
the Northern Latitude, and to the West as far as the South Seas, 
and so Southerly as far as the river St. Matthias, which bordereth 
upon the coast of Florida, and within one and thirty degrees of 
Northern Latitude, and so west in a direct line as far as the South 
seas aforesaid. . . . 

3d. And furthermore, the Patronage and Advowsons of all the 
Churches and Chapels, which as Christian Religion shall increase 
within the Country . . . shall happen hereafter to be erected, 
together with license and power to build and found Churches, 
Chappels and Oratories, in convenient and fit places, within the 
'^aid bounds and limits, and to cause them to be dedicated and 
consecrated according to the Ecclesiastical laws of our Kingdom 
of England, together with all and singular the like, and as ample 
Rights, Jurisdictions, Priviledges, Prerogatives, Royalties, Liber- 



122 FIRST CHARTER OF CAROLINA [March 24/ April 3 

ties, Immunities and Franchises of what kind soever, within the 
Countries, Isles, Islets, and Limits aforesaid. 

4th. To have, use, exercise and enjoy, and in as ample manner 
as any Bishop of Durham in our Kingdom of England, ever here- 
tofore have held, used or enjoyed, or of right ought or could 
have, use, or enjoy. And them, the said Edward Earl of Claren- 
don . . . [and others] . . . their heirs and assigns. We do by these 
Presents . . . make, create and constitute, the true and Absolute 
Lords Proprietors of the Country aforesaid, and of all other the 
premises; saving always the faith, allegiance and sovereign 
dominion due to us . . . for the same, and saving also the right, 
title, and interest of all and every our subjects of the English 
nation, which are now planted within the limits and bounds 
aforesaid, (if any be), . . . yielding and paying yearly to us, 
our heirs and successors, for the same, the yearly rent of twenty 
marks of lawful money of England, at the feast of All Saints, 
yearly forever, the first payment thereof to begin and to be made 
on the feast of All Saints, which shall be in the year of our Lord 
one thousand six hundred and sixty-five, and also the fourth part 
of all gold or silver ore, which, within the limits aforesaid, shall 
from time to time happen to be found. 

5th. And that the country, thus by us granted and described, 
may be dignified by us with as large Titles and Priviledges as any 
other part of our Dominions and territories in that region, Know 
ye, that we . . . do . . . erect, incorporate and ordain the same 
into a Province, and call it the Province of Carolina . . . (and 
forasmuch as we have hereby made and ordained the aforesaid 
Edward, Earl of Clarendon . . . [and others] . . . the true Lords 
and Proprietors of all the Province aforesaid; Know ye, therefore 
moreover, that we ... do grant full and absolute power by virtue 
of these presents, to them . . . for the good and happy Government 
of the said Province, to ordain, make, enact, and under their 
seals to publish any laws whatsoever, either appertaining to the 
publick state of the said Province, or to the private utility of 
particular persons, according to their best discretion, of and 
with the advice, assent and approbation of the Freemen of the 
said Province, or of the greater part of them, or of their Delegates 
or Deputies, whom for enacting of the said laws, when and as 
often as need shall require, we will that the said Edward, Earl 
of Clarendon . . . [and others] . . . shall from time to time assem- 



1662/3] FIRST CHARTER OF CAROLINA 1 23 

ble in such manner and form as to them shall seem best, and the 
same laws duly to execute upon all people within the said Prov- 
ince and limits thereof. . . . 

6th. And because such assemblies of freeholders cannot be so 
conveniently called, as there may be occasion to require the 
same, we do, therefore, by these presents, give and grant unto 
the said Edward, Earl of Clarendon . . . [and others] ... by 
themselves or their magistrates, in that behalf lawfully authorized, 
full power and authority, from time to time to make and ordain 
fit and wholesome Orders and Ordinances, within the Province 
aforesaid, to be kept and observed as well for the keeping of the 
peace, as for the better government of the people there abiding, 
and to publish the same to all to whom it may concern; which 
ordinances, we do by these presents streightly charge and com- 
mand to be inviolably observed within the said Province, under 
the penalties therein expressed, so as such Ordinances be reason- 
able, and not repugnant or contrary, but as near as may be, 
agreeable to the laws and statutes of this our Kingdom of Eng- 
land, and so as the same ordinances do not extend to the binding, 
charging, or taking away of the right or interest of any person or 
persons, in their freehold, goods or chattels whatsoever. 

*********** 
9th. Provided nevertheless, ... and we ... by these presents 
... do give and grant unto the said Edward Earl of Clarendon 
. . . [and others] . . . , full and free license, liberty, and author- 
ity, at any time or times, from and after the feast of St. Michael 
the Arch-Angel, which shall be in the year of our Lord Christ, 
one thousand, six hundred, sixty and seven, as well to import, 
and bring into any of our Dominions from the said Province of 
Carolina, or any part thereof, the several goods and commodities, 
hereinafter mentioned, that is to say, silks, wines, currants, 
raisins, capers, wax, almonds, oyl, and olives, without paying or 
answering to us . . . any custom, import, or other duty, for and 
in respect thereof for and during the term and space of seven 
years, to commence and be accompted, from and after the first 
importation of four tons of any the said goods, in any one bot- 
tom, ship or vessel from the said Province, into any of our 
Dominions; as also to export and carry out of any of our Do- 
minions, into the said Province of Carolina, custom free, all 
sorts of tools which shall be usefull or necessary for the planters 



124 FIRST CHARTER OF CAROLINA [March 24/ April 3 

there, in the accommodation and improvement of the premises, 
any thing before, in these presents contained, or any law, act, 
statute, prohibition, or other matter, or anything heretofore had, 
made, enacted or provided, or hereafter to be had, made, enacted 
for provided to the contrary, in any wise notwithstanding. 

13th. And because many persons born, or inhabiting in the 
said Province, for their deserts and services, may expect and be 
capable of marks of honour and favour, which, in respect of the 
great distance, cannot be conveniently conferred by us; ... we 
do . . . give and grant unto the said Edward Earl of Clarendon 
, . . [and others] . . . full power and authority, to give and con- 
fer, unto and upon, such of the inhabitants of the said Province, 
as they shall think do, or shall merit the same, such marks of 
favour and titles of honour as they shall think fit, so as these 
titles of honour be not the same as are enjoyed by, or conferred 
upon any the subjects of this our Kingdom of England. 

14th. And further also, we do by these presents, . . . give and 
grant license to them . . . full power, liberty and license to erect, 
raise and build within the said Province and places aforesaid, or 
any part or parts thereof, such and so many forts, fortresses, cas- 
tles, cities, buroughs, towns, villages and other fortifications 
whatsoever, and the same or any of them to fortify . . . and also 
to place, constitute and appoint in and over all or any of the 
castles, forts, fortifications, cities, towns and places aforesaid, 
governors, deputy governors, magistrates, sheriffs and other offi- 
cers, civil and military, as to them shall seem meet, and to the 
said cities, buroughs, towns, villages, or any other place, or 
places within the said Province, to grant "letters or charters of 
incorporation," with all liberties, franchises and priviledges, 
requisite and usefull, or to or within any corporations, within 
this our Kingdom of England, granted or belonging; and in the 
same cities, buroughs, towns and other places, to constitute, 
erect and appoint such and so many markets, marts and fairs, as 
shall in that behalf be thought fit and necessary; and further also 
to erect and make in the Province aforesaid, or any part thereof, so 
many mannors, as to them shall seem meet and convenient. . . . 

1 8th. And because it may happen that some of the people and 
inhabitants of the said Province, cannot in their private opinions, 



1662/3] CHARTER OP^ RHODE ISLAND 12$ 

conform to the publick exercise of religion, according to the 
liturgy form and ceremonies of the Church of England, or take 
and subscribe the oath and articles, made and established in that 
behalf, and for that the same, by reason of the remote distances 
of these places, will, we hope, be no breach of the unity and 
uniformity established in this nation; our will and pleasure there- 1 
fore is, and we do by these presents . . . give and grant unto the ' 
said Edward, Earl of Clarendon . . . [and others] . . . full and 
free license, liberty and authority, by such legal ways and means 
as they shall think fit, to give and grant unto such person or per- 
sons, inhabiting and being within the said Province, or any part 
thereof, who really in their judgments, and for conscience sake, 
cannot or shall not conform to the said liturgy and ceremonies, 
and take and subscribe the oaths and articles aforesaid, or any of 
them, such indulgencies and dispensations in that behalf, for and 
during such time and times, and with such limitations and re- 
strictions as they . . . shall in their discretion think fit and 
reasonable; and with this express proviso, and limitation also, 
that such person and persons, to whom such indulgencies and 
dispensations shall be granted as aforesaid, do and shall, from 
time to time declare and continue, all fidelity, loyalty and obedi- 
ence to us, our heirs and successors, and be subject and obedient 
to all other the laws, ordinances, and constitutions of the said 
Province, in all matters whatsoever-, as well ecclesiastical as civil, 
and do not in any wise disturb the peace and safety thereof, or 
scandalize or reproach the said liturgy, forms, and ceremonies, 
or any thing relating thereunto, or any person or persons whatso- 
ever, for or in respect of his or their use or exercise thereof, or 
his or their obedience and conformity, thereunto. 



No. 27. Charter of Rhode Island and 
Providence Plantations 

July 8/18, 1663 

In January, i66i, John Clarke, sometime agent of Rhode Island in 
England, presented a petition for a royal charter for that colony. The 
promptness of Rhode Island in proclaiming Charles II., and the willingness 
pf the king to restrain the ambitions of Massachusetts, caused the petition to 



126 CHARTER OF RHODE ISLAND [July 8/18 

be favorably regarded. The charter of Connecticut, however, in 1662, included 
within the limits of that colony certain territory on Narragansett Bay long in 
dispute between Massachusetts and Rhode Island, and now held by the 
Atherton Company, a land-speculating organization of which Winthrop was a 
member. An effort on the part of Rhode Island, in 1660, to come to terms 
with this company had been unsuccessful. Clarke entered a protest against 
the Connecticut grant; but, by agreement with Winthrop, the controversy 
was presently referred to arbitrators. The decision, in April, 1663, was favor- 
able to Rhode Island, and in July the charter was issued. With the exception 
of the brief period of Andros's administration, 1686- 1689, during which the 
government was carried on by the towns, the charter continued to be the 
fundamental law of Rhode Island until the adoption of a State constitution in 
1842. 

References, — Text in Rhode Island Colonial Records, II., 3-21. See 
Doyle's Puritan Colonies, I., 357-365, and references under No. 18, ante. 



Cfjatles tl^e .SEConti, [&c.] . . . : SJEfjEreas toee have been in- 
formed, by the humble petition of our trustie and well beloved 
subject, John Clarke, on the behalfe of Benjamine Arnold, Will- 
iam Brenton, William Codington, Nicholas Easton, William 
Boulston, John Porter, John Smith, Samuell Groton, John Weeks, 
Roger Williams, Thomas Olnie, Gregorie Dexter, John Cogeshall, 
Joseph Clarke, Randall Holden, John Greene, John Roome, 
Samuell Wildbore, William Ffield, James Barker, Richard Tew, 
Thomas Harris, and William Dyre, and the rest of the purchasers 
and ffree inhabitants of our island, called 1^1)oti£=3l0lanti, and the 
rest of the colonie of Providence Plantations, in the Narragansett 
Bay, in New-England, in America, that they, pursueing, with 
peaceable and loyall mindes, their sober, serious and religious 
intentions, of godlie edifieing themselves, and one another, in 
the holie Christian ffaith and worshipp as they were perswaded: 
together with the gaineing over and conversione of the poore 
ignorant Indian natives, in those partes of America, to the sincere 
professione and obedienc of the same ffaith and worship, did, 
not onlie by the consent and good encouragement of our royall 
progenitors, transport themselves out of this kingdome of Eng- 
land into America, but alsoe, since their arrivall there, after their 
first settlement amongst other our subjects in those parts, ffor 
the avoideing of discorde, and those manie evills which were 
likely to ensue upon some of those oure subjects not beinge able 
to beare, in these remote partes, theire different apprehensiones 
in religious concernments, and in pursueance of the afforesayd 



i663] CHARTER OF RHODE ISLAND 12/ 

ends, did once againe leave theire desireable stationes and habi- 
tationes, and with excessive labor and travell, hazard and charge, 
did transplant themselves into the middest of the Indian natives, 
who, as wee are infformed, are the most potent princes and people 
of all that country] where, by the good Providence of God, from 
whome the Plantationes have taken their name, upon theire 
labour and Industrie, they have not onlie byn preserved to ad- 
miration, but have increased and prospered, and are seized and 
possessed, by purchase and consent of the said natives, to their 
ffuU content, of such lands, islands, rivers, harbours and roades, 
as are verie convenient, both for plantationes and alsoe for build- 
inge of shipps, suplye of pype-staves, and other merchandize; 
and which lyes verie commodious, in nianie respects, for com- 
merce, and to accommodate oure southern plantationes, and may 
much advance the trade of this oure realme, and greatlie enlarge 
the territories thereof; they haveinge, by neare neighbourhoode 
to and friendlie societie with the greate bodie of the Narragansett 
Indians, given them encouragement, of theire owne accorde, to 
subject themselves, theire people and landes, unto us; whereby, 
as is hoped, there may, in due tyme, by the blessing of God upon 
theire endeavours, bee layd a sure ffoundation of happinesse to 
all America : ^nt) toljcrEas, in theire humble addresse, they have 
ffreely declared, thAt it is much on their hearts (if they may be 
permitted), to hold forth a livelie experiment, that a most flour- 
ishing civill state may stand and best bee maintained, and that 
among our English subjects, with a full libertie in religious con- 
cernements; and that true pietye rightly grounded upon gospell 
principles, will give the best and greatest security to sover- 
eignetye, and will lay in the hearts of men the strongest obliga- 
tions to true loyaltye : Woto knoto m£, that wee beinge willinge to 
encourage the hopefull undertakeinge of oure sayd loyall and 
loveinge subjects, and to secure them in the free exercise and 
enjoyment of all theire civill and religious rights, appertaining 
to them, as our loveing subjects; and to preserve unto them that 
libertye, in the true Christian ffaith and worshipp of God, which 
they have sought with soe much travaill, and with peaceable 
myndes, and loyall subjectione to our royall progenitors and our- 
selves, to enjoye; and because some of the people and inhabi- 
tants of the same colonic cannot, in theire private opinions, 
conforme to the publique exercise of religion, according to the 



128 CHARTER OF RHODE ISLAND. [July 8/18 

litturgy, formes and ceremonyes of the Church of England, or 
take or subscribe the oaths and articles made and established in 
that behalf e; and for that the same, by reason of the remote dis- 
tances of those places, will (as wee hope) bee noe breach of the 
unitie and unifformitie established in this nation : Have therefore 
thought ffit, and doe hereby publish, graunt, ordeyne and declare. 
That our royall will and pleasure is, that noe person within the 
sayd colonye, at any tyme hereafter, shall bee any wise molested, 
punished, disquieted, or called in question, for any differences 
in opinione in matters of religion, and doe not actually disturb 
the civill peace of our sayd colony; but that all and everye person 
and persons may, from tyme to tyme, and at all tymes hereafter, 
freelye and fullye have and enjoye his and theire owne judgments 
and consciences, in matters of religious concernments, through- 
out the tract of lande hereafter mentioned; they behaving them- 
selves peaceablie and quietlie, and not useing this libertie to 
lycentiousnesse and profanenesse, nor to the civill injurye or 
outward disturbeance of others; any lawe, statute, or clause, 
therein contayned, or to bee'contayned, usage or custome of this 
realme, to the contrary hereof, in any wise, notwithstanding. 
And that they may bee in the better capacity to defend them- 
selves, in theire just rights and libertyes against all the enemies 
of the Christian ffaith, and others, in all respects, wee . . . further 
. . . declare. That they shall have and enjoye the benefitt of our 
late act of indempnity and ffree pardon, as the rest of our sub- 
jects in other our dominions and territoryes have; and to create 
and make them a bodye politique or corporate, with the powers 
and priviledges hereinafter mentioned. And accordingely . . . 
tnee . . . doe ordeyne, constitute and declare. That they, the sayd 
William Brenton, William Codington, Nicholas Easton, Benedict 
Arnold, William Boulston, John Porter, Samuell Gorton, John 
Smith, John Weekes, Roger Williams, Thomas Olneye, Gregorie 
Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John 
Greene, John Roome, William Dyre, Samuell Wildbore, Rickard 
Tew, William Ffeild, Thomas Harris, James Barker, Rains- 
borrow, Williams, and John Nickson, and all such others 

as now are, or hereafter shall bee admitted and made ffree of the 
company and societie of our collonie of Providence Plantations, 
in the Narragansett Bay, in New-England, shall bee, from tyme 
to tyme, and forever hereafter, a bodie corporate and politique, 



1663] CHARTER OF RHODE ISLAND 1 29 

in ffact and name, by the name of Orf)C dobEtnor anti Ctompnng of 
tf)c 3£nfjlig|) Collom'c of I^|)otic=3l0lant» anti probit)cnc£ plantations, 
in W£tD=3En0lanti, in 2lmcrica. . . . Slnti fiirtljcr, wee . . . doe de- 
clare and apoynt that, for the better ordering and managing of 
the affaires and business of the sayd Company, and theire suc- 
cessours, there shall bee one Governour, one Deputie-Governour 
and ten Assistants, to bee from tyme to tyme, constituted, elected 
and chosen, out of the freemen of the sayd Company, for the 
tyme beinge, in such manner and fforme as is hereafter in these 
presents expressed ; which sayd officers shall aplye themselves to 
take care for the best disposeinge and orderinge of the generall 
businesse and affaires of, and concerneinge the landes and 
hereditaments hereinafter mentioned, to be graunted, and the 
plantation thereof, and the government of the people there. 
?lnti . . . wee doe . . . apoynt the aforesayd Benedict Arnold to 
bee the first and present Governor of the sayd Company, and the 
sayd William Brenton to bee the Deputy-Governor, and the sayd 
William Boulston, John Porter, Roger Williams, Thomas Olnie, 
John Smith, John Greene, John Cogeshall, James Barker, William 
Ffeild, and Joseph Clarke, to bee the tenn present Assistants of 
the sayd Companye, to continue in the sayd severall offices, re- 
spectively, until the first Wednesday which shall bee in the month 
of May now next comeing. 2lnti fuiUjcr, wee . . . doe ordeyne 
and graunt, that the Governor of the sayd Company, for the tyme 
being, or, in his absence, by occasion of sicknesse, or otherwise, 
by his leave and permission, the Deputy-Governor, ffor the tyme 
being, shall and may, ffrom tyme to tyme, upon all occasions, 
give order ffor the assemblinge of the sayd Company, and callinge 
them together, to consult and advise of the businesse and affaires 
of the sayd Company, ^nti tijat forever hereafter, twice in every 
year, that is to say, on every first Wednesday in the moneth of 
May, and on every last Wednesday in October, or oftener, in case 
it shall bee requisite, the Assistants, and such of the ffreemen of 
the Company, not exceedinge six persons ffor Newport, ffoure 
persons ffor each of the respective townes of Providence, Ports- 
mouth and Warvvicke, and two persons for each other place, towne 
or city, whoe shall bee, from tyme to tyme, thereunto elected or 
deputed by the majour parte of the ffreemen of the respective 
townes or places ffor which they shall bee so elected or deputed, 
shall have a generall meetinge, or Assembly then and there to 



I30 CHARTER OF RHODE ISLAND [July 8/18 

consult, advise and determine, in and about the affaires and 
businesse of the said Company and Plantations, ^nb furtf)er, 
wee doe . . . give and graunt unto the sayd Governour and 
Company of the English collony of Hf)oti£=3Islanli aitli ^ro&iticncE 
plantations, in New-England, in America, and theire successours, 
that the Governour, or, in his absence, or, by his permission, the 
Deputy-Ciovernour of the sayd Company, for the tyme beinge, 
the Assistants, and such of the ffreemen of the sayd Company as 
shall bee soe as aforesayd elected or deputed, or soe many of 
them as shall bee present att such meetinge or assemblye, as 
afforesayde, shall bee called the Generall Assemblye; and that 
they, or the greatest parte of them present, whereof the Governour 
or Deputy-Governour, and sixe of the Assistants, at least to bee 
seven, shall have . . . ffull power [and] authority, ffrom tyme to 
tyme, and at all tymes hereafter, to apoynt, alter and change, 
such dayes, tymes and places of meetinge and Generall Assem- 
blye, as theye shall thinke ffitt; ^ntJ furtfjcr . . . wee doe . . . 
establish and ordeyne, that yearelie, once in the yeare, forever 
hereafter, namely, the aforesayd Wednesday in May, and at the 
towne of Newport, or elsewhere, if urgent occasion doe require, 
the Governour, Deputy-Governour and Assistants of the sayd 
Company, and other officers of the sayd Company, or such of 
them as the Generall Assemblye shall thinke ffitt, shall bee, in 
the sayd Generall Court or Assembly to bee held from that daye 
or tyme, newly chosen for the year ensueing, by such greater 
part of the sayd Company, for the tyme beinge, as shall bee then 
and there present; . . . ^nb triEe tiaz likewise . . . give and 
graunt unto the sayd Governour and Company, and theire suc- 
cessours, by these presents, that, for the more peaceable and 
orderly government of the sayd Plantations, it shall and may bee 
lawful! ffor the Governour, Deputy-Governour, Assistants, and all 
other officers and ministers of the sayd Company, in the adminis- 
tration of justice, and exercise of government, in the sayd Plan- 
tations, to use, exercise, and putt in execution, such methods, 
rules, orders and directions, not being contrary or repugnant to 
the laws and statutes of this oure realme, as have byn heretofore 
given, used and accustomed, in such cases respectively, to be 
putt in practice, untill att the next or some other Generall 
Assembly, speciall provision shall be made and ordeyned in the 
cases aforesayd. ^nti iuzz toe ffurtijer . . . graunt . . . that itt 



1663] Charter of Rhode island 131 

shall and may bee lawfull to and for the sayd Governour, or in 
his absence, the Deputy-Governoiir, and majour parte of the 
sayd Assistants, for the tyme being, att any tyme when the sayd 
Generall Assembly is not sitting, to nominate, apoynt and con- 
stitute, such and soe many commanders, governours, and military 
officers, as to them shall seeme requisite, for the leading, con- 
ductinge and trayneing upp the inhabitants of the sayd Plantations 
in martiall affaires, and for the defence and safeguard of the sayd 
Plantations; . . . Neverthelesse, our will and pleasure is, and 
wee doe hereby declare to the rest of oure CoUonies in New- 
England, that itt shall not bee lawefull ffor this our sayd CoUony 
of Rhode-Island and Providence Plantationes, in America, in 
New-England, to invade the natives inhabiting within the boundes 
and limitts of theire sayd Collonies without the knowledge and 
consent of the sayd other Collonies. And itt is hereby declared, 
that itt shall not bee lawfull to or ffor the rest of the Collonies to 
invade or molest the native Indians, or any other inhabitants, 
inhabiting within the bounds and lymitts hereafter mentioned 
(they having subjected themselves unto us, and being by us taken 
into our speciall protection), without the knowledge and consent 
of the Governour and Company of our Collony of Rhode-Island 
and Providence Plantations. . . . And further alsoe, wee are 
gratiously pleased, and doe hereby declare, that if any of the 
inhabitants of oure sayd Collony doe sett upon the plantinge of 
vineyards (the soyle and clymate both seemeing naturally to con- 
curr to the production of wynes), or bee industrious in the dis- 
covery of ffishing banks, in or about the sayd Collony, wee will, 
ffrom tyme to tyme, give and allow all due and fitting encourage- 
ment therein, as to others in cases of lyke nature. . . . And 
ffurther, know ye, that wee . . . doe give, graunt and confirme, 
unto the sayd Governour and Company, and theire successours, 
all that parte of our dominiones in New-England, in America, 
conteyneing the Nahantick and Nanhyganset Bay, and countryes 
and partes adjacent, bounded on the west, or westerly, to the 
middle or channel of a river there, commonly called and known 
by the name of Pawcatuck, alias Pawcawtuck river, and soe along 
the sayd river, as the greater or middle streame thereof reacheth 
or lyes vpp into the north countrye, northward, unto the head 
thereof, and from thence, by a streight lyne drawne due north, 
until 1 itt meets with the south lyne of the Massachusetts Collonie; 



132 CHARTER OF RHODE ISLAND [July 8/18 

and on the north, or northerly, by the aforesayd south or southerly 
lyne of the Massachusettes Collony or Plantation, and extending 
towards the east, or eastwardly, three English miles to the east 
and north-east of the most eastern and north-eastern parts of the 
aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth 
itself from the ocean on the south, or southwardly, unto the 
mouth of the river which runneth towards the towne of Provi- 
dence, and from thence along the eastwardly side or banke of 
the sayd river (higher called by the name of Seacunck river), up 
to the ffals called Patuckett ffalls, being the most westwardly lyne 
of Plymouth Collony, and soe from the sayd ffalls, in a streight 
lyne, due north, untill itt meete with the aforesayd lyne of the 
Massachusetts Collony; and bounded on the south by the ocean: 
and, in particular, the lands belonging to the townes of Provi- 
dence, Pawtuxet, Warwicke, Misquammacok, alias Pawcatuck, 
and the rest upon the maine land in the tract aforesaid, together 
with Rhode-Island, Blocke-Island, and all the rest of the islands 
and banks in the Narragansett Bay, and bordering upon the coast 
of the tract aforesayd (Ffisher's Island only excepted), . . . any 
graunt, or clause in a late graunt, to the Governour and Company 
of Connecticutt Collony, in America, to the contrary thereof in 
any wise notwithstanding; the aforesayd Pawcatuck river haveing 
byn yeilded, after much debate, for the fixed and certain boundes 
betweene these our sayd CoUonies, by the agents thereof; whoe 
have alsoe agreed, that the sayd Pawcatuck river shall bee alsoe 
called alias Norrogansett or Narrogansett river; and, to prevent 
future disputes, that otherwise might arise thereby, forever here- 
after shall bee construed, deemed and taken to bee the Narra- 
gansett river in our late graunt to Connecticutt Collony mentioned 
as the easterly bounds of that Collony. ^nt) ftirt|)er, our will and 
pleasure is, that in all matters of publique controversy which may 
fall out betweene our Collony of Providence Plantations, and the 
rest of our Collonies in New-England, itt shall and may bee law- 
full to and for the Governour and Company of the sayd Collony 
of Providence Plantations to make their appeals therein to us, 
our heirs and successours, for redresse in such cases, within this 
our realme of England : and that itt shall be lawfull to and for 
the inhabitants of the sayd Collony of Providence Plantations, 
without let or molestation, to passe and repasse with freedome, 
into and through the rest of the English Collonies, upon their 



1663] SECOND NAVIGATION ACT 1 33 

lawfull and civill occasions, and to converse, and hold commerce 
and trade, with such of the inhabitants of our other English 
Collonies as shall bee willing to admitt them thereunto, they 
behaveing themselves peaceably among them; any act, clause or 
sentence, in any of the sayd Collonies provided, or that shall bee 
provided, to the contrary in anywise notwithstanding. . . . 



No. 28. Second Navigation Act 
1663 

The navigation act of 1660 had assured to English vessels a monopoly of 
the carrying trade between the colonies and England; but Enghsh vessels 
might still trade, except in certain " enumerated articles," directly between 
colonial and foreign ports. The act of 1663 aimed to benefit the merchants 
as well as the shipowners, by securing to English merchants the control of the 
colonial import trade. 

References. — Text in Statutes of the Realm, N., 449-452. The act is 
cited as 15 Car. II , c. 7. 

An Act for the Encouragement of Trade. 

[IV.] And in reguard His Majesties Plantations beyond the 
Seas are inhabited and peopled by His Subjects of this His King- 
dome of England, For the maintaining a greater correspondence 
and kindnesse betweene them and keepeing them in a firmer 
dependance upon it, and rendring them yet more beneficiall and 
advantagious unto it in the farther Imployment and Encrease of 
English Shipping and Seamen, vent of English Woollen and other 
Manufactures and Commodities rendring the Navigation to and 
from the same more safe and cheape, and makeing this King- 
dome a Staple not onely of the Commodities of those Plantations 
but alsoe of the Commodities of other Countryes and Places for 
the supplying of them, and it being the usage of other Nations 
to keepe their [Plantations*] Trade to themselves. Be it enacted 
and it is hereby enacted That from and after the Five and twen- 
tyeth day of March One thousand six hundred sixtie fower noe 
Commoditie of the Growth Production or Manufacture of Europe 
shall be imported into any Land Island Plantation Colony Terri- 
tory or Place to His Majestie belonging, or which shall [belong 

* Plantation in the original MS. 



134 SECOND NAVIGATION" ACT [1663 

hereafter *] unto, or be in the Possession of His Majestie His 
Heires and Successors in Asia Africa or America (Tangier onely 
excepted) but what shall be bona fide and without fraude laden 
and shipped in England Wales [and t] the Towne of Berwicke 
upon Tweede and in English built Shipping, or which Avere bona 
fide bought before the first day of October One thousand six hun- 
dred sixtie and two and had such Certificate thereof as is directed 
in one Act passed the last Sessions of this present Parliament 
entituled An Act for preventing Frauds and regulating Abuses 
in His Majesties Customes, and whereof the Master and three 
Fourthes of the Marriners at least are English, and which shall 
be carryed directly thence to the said Lands Islands Plantations 
Colonyes Territories or Places, and from noe other place or 
places whatsoever Any Law Statute or Usage to the contrary not- 
withstanding, under the Penaltie of the losse of all such Com- 
modities of the Growth Production or Manufacture of Europe as 
shall be imported into any of them from any other Place whatso- 
ever by Land or Water, and if by Water, of the Ship, or Vessell 
alsoe in which they were imported with all her Guns Tackle 
Furniture Ammunition and Apparell, one third parte to His 
Majestie His Heires and Successors, one third part to the Gov- 
ernour of such Land Island Plantation Colony Territory or Place 
into which such Goods were imported if the said Shipp, Vessell 
or Goods be there seised, or informed against and sued for, or 
otherwise that Third part alsoe to His Majestie His Heires and 
Successors, and the other Third parte to him or them who shall 
seise inform or sue for the same in any of His Majesties Courts 
in such of the said Lands Islands Colonies Plantations Territories 
or Places where the Offence was committed, or in any Court of 
Record in England by Bill, Information Plaint or other Action 
wherein noe Essoyne Protection or Wager in Law shall be allowed 
[v.] Provided alwayes . . . That it shall and may be lawfull 
to shipp and lade in such Shipps, and soe navigated as in the 
foregoeing Clause is sett downe and expressed in any part of 
Europe Salt for the Fisheries of New England and New found 
land, and to shipp and lade in the Medera's Wines of the Growth 
thereof, and to shipp and lade in the Westerne Islands or Azores 
Wines of the Growth of the said Islands, and to shipp [or J ] take 

* Hereafter belong in the original MS. f The original MS. has or. 

X And in the original MS. 



1 663] SECOND NAVIGATION ACT I35 

in Servants or Horses in Scotland or Ireland, and to shipp or 
lade in Scotland all sorts of Victuall of the Growth or Produc- 
tion of Scotland, and to shipp or lade in Ireland all sortes of 
Victuall of the Growth or Production of Ireland, and the same 
to transport into any of the said Lands Islands Plantations Colo- 
nyes Territories or Places, Any thing in the foregoeing Clause in 
the contrary in any wise notwithstanding. 

[VI.] And for the better prevention of Fraudes Be it enacted and 
it is hereby enacted That from and after . . . [March 25, 1664] 
. . . every person or persons importing by land any Goods or 
Commodities whatsoever into any the said Lands Islands Planta- 
tions Colonies Territories or Places shall deliver to the Governour 
of such Land Island Plantation Colony Territory or Place, or to 
such Person or Officer as shall be by him thereunto authorized 
and appointed within fower and twenty hours after such Importa- 
tion his and their Names and Surnames and a true Inventory and 
Particular of all such Goods or Commodities, And noe Shipp or 
Vessell comeing to any such Land Island Plantation Colony 
Territory or Place shall lade or unlade any Goods or Commodities 
whatsoever untill the Master or Commander of such Shipp or 
Vessell shall first have made knowne to the Governour of such 
Land Isleland Plantation Colony Territory or Place or such other 
Person or Officer as shall be by him thereunto authorized and 
appointed the arrivall of the said Shipp or Vessell with her name, 
and the name and surname of her Master or Commander, and 
have shewen to him that she is an English built Shipp, or made 
good by produceing such Certificate as abovesaid that she is a 
Shipp or Vessell bona fide belonging to England Wales or the 
Towne of Berwicke and navigated with an English Master and 
three fourth parts of the Marriners at least Englishmen and have 
delivered to such Governour or other Person or Officer a true and 
perfect Inventory or Invoice of her Ladeing together with the 
place or places in which the said Goods were laden or taken into 
the said Shipp or Vessell under the paine of the losse of the 
Shipp or Vessell with all her Guns Ammunition Tackle Furniture 
and Apparell and of all such Goods of the Growth Production or 
Manufacture of Europe as were not bona fide laden and taken in, 
in England Wales or the Towne of Berwicke to be recovered and 
divided in manner aforesaid. And all such as are Governours or 
Comanders of any the said Lands Islands Plantations Colonyes 



136 GRANT TO THE DUKE OF YORK [March 12/22 

Territoryes or Places (Tangier onely excepted) shall before . . . 
[March 25, 1664] . . . and all such as shall hereafter be made 
Governours or Commanders of any of them shall before their 
entrance upon the execution of such trust or charge take a Solemne 
Oath before such person or persons as shall be authorized by His 
Majestic His Heires and Successors to administer the same to 
doe their utmost within their respective Governments or Com- 
mands to cause to be well and truely observed what is in this Act 
enacted in relation to the Trade of such Lands Islands Planta- 
tions Colonyes Territoryes and Places under the penaltie of being 
removed out of their respective Governments and Commands. 
And if any of them shall be found after the takeing of such Oath 
to have wittingly and willingly offended contrary to what is by 
this Act required of them, that they shall for such Offence be 
turned out of their Governments, and be incapeable of the Gov- 
ernment of any other Land Island Plantation or Colony, and 
moreover forfeite the summe of One thousand pounds lawfull 
money of England . . . 

[VIL] And it is hereby further enacted That if any Officer of 
the Customes in England Wales or Towne of Berwicke upon 
Tweede shall give any Warrant for or suffer any Sugar, Tobaccho, 
Ginger, Cotton, Wooll, Indico Speckle Wood or Jamaica Wood 
Fusticke or other Dying Wood of the growth of any of the said 
Lands Islands Colonyes Plantations Territories or Places to be 
carryed into any other Country or Place whatsoever untill they 
have beene first unladen bona fide and putt on shore in some 
Port or Haven in England or Wales or in the Towne of Berwicke, 
that every such Officer for such Offence shall forfeite his place 
and the value of such of the said Goods as he shall give Warrant 
for or suffer to passe into any other Country or Place. . . o 



No. 29. Grant to the Duke of York 

March 12/22, 1663/4 

The province of New Netherland, granted to the Duke of York, brother of 
Charles II., in March, 1663/4, was not surrendered to the Enghsh until the 
following August. By the treaty of Breda, in 1667, the English occupation 
was confirmed. On the renewal of the war between England and the United 
Netherlands, in March, 1672/3, New York was retaken by the Dutch, and a 



1663/4] GRANT TO THE DUKE OF YORK 1 37 

general act of confiscation was passed, including in its scope property of the 
King and of the Duke of York; but the treaty of Westminster, in 1674, provid- 
ing for a mutual restoration of conquests, reestal)lished the English control. 
To remove any doubt as to the validity of the grant of 1664, and other grants 
made under it, due to the temporary occupation by the Dutch, a second grant 
was made June 29/ July 9, 1674, in terms only verbally different from the first. 
References. — Text in Documents relating to the Colonial Ilistojy of New 
York, II., 295-298. On the English conquest, see Brodhead's History of Neiv 
York, II., III.; Sainsbury's Calendar of State Papers, Colonial, V, The so- 
called "Duke of York's Laws," 1676-1682, have been reprinted by the Stale 
of Pennsylvania (Harrisburg, 1879), in a volume containing also the charter 
and early laws of Pennsylvania. 

CHARLES the Second, . . . [&c.] , . . Know ye that we 
... by these presents for us Our heirs and Successors Do Give 
and Grant unto our Dearest Brother James Duke of York his 
Heirs and Assigns All that part of the maine Land of New Eng- 
land beginning at a certain place called or known by the name 
of St Croix next adjoining to New Scotland in America and from 
thence extending along the Sea Coast unto a certain place called 
Petuaquine or Pemaquid and so up the River thereof to the 
furthest head of the same as it tendeth Northwards and extending 
from thence to the River Kinebequi and so Upwards by the 
Shortest course to the River Canada Northward And also all 
that Island or Islands commonly called by the several name or 
names of Matowacks or Long Island situate lying and being 
towards the West of Cape Cod and the Narrow Higansetts abut- 
ting upon the main land between the two Rivers there called or 
known by the several names of Connecticut and Hudsons River 
together also with the said River called Hudsons River and all 
the Land from the West side of Connecticut to the East side of 
Delaware Bay and also all those several Islands called or known 
by the Names of Martin's Vinyard and Nantukes otherwise Nan- 
tuckett. . . . And all our Estate, Right, Title, Interest, Benefit, 
Advantage, Claim and Demand of in or to the said Lands and 
Premises or any part or parcel thereof And the Reversion and 
Reversions Remainder and Remainders together with the yearly 
and other the Rents, Revenues and Profits of all and singular the 
said Premises and of every part and parcel thereof . . . And 
the said James Duke of York doth for himself his Heirs and 
Assigns covenant and promise to yield and render unto us our 
Heirs and Successors of and for the same yearly and every year 



138 GRANT TO THE DUKE OF YORK [March 12/22 

forty Beaver skins when they shall be demanded or within Ninety 
days after And We do further . . . Grant unto our said Dearest 
Brother James Duke of York his Heirs, Deputies, Agents, Com- 
missioners and Assigns by these presents full and absolute power 
and authority to correct, punish, pardon, govern and rule all such 
the subjects of us Our Heirs and Successors who may from time 
to time adventure themselves into any the parts or places afore- 
said or that shall or do at any time hereafter inhabit within the 
same according to such Laws, Orders, Ordinances, Directions 
and Instruments as by our said Dearest Brother or his Assigns 
shall be established And in defect thereof in cases of necessity 
according to the good discretions of his Deputies, Commissioners, 
Officers or Assigns respectively as well in all causes and matters 
Capital and Criminal as civil both marine and others So always 
as the said Statutes Ordinances and proceedings be not contrary 
to but as near as conveniently may be agreeable to the Laws, 
Statutes & Government of this Our Realm of England And 
saving and reserving to us our Heirs and Successors the receiving, 
hearing and determining of the Appeal and Appeals of all or any 
Person or Persons of in or belonging to the territories or Islands 
aforesaid in or touching any Judgment or Sentence to be there 
made or given And further that it shall and may be lawful to and 
for our said Dearest Brother his Heirs and Assigns by these 
presents from time to time to nominate, make, constitute, ordain 
and confirm by such name or names stile or stiles as to him or 
them shall seem good and likewise to revoke, discharge, change 
and alter as well all and singular Governors, Officers and Minis- 
ters which hereafter shall be by him or them thought fit and need- 
ful to be made or used within the aforesaid parts and Islands 
And also to make, ordain and establish all manner of Orders, 
Laws, directions, instructions, forms and Ceremonies of Govern- 
ment and Magistracy fit and necessary for and Concerning the 
Government of the territories and Islands aforesaid so always as 
the same be not contrary to the laws and statutes of this Our 
Realm of England but as near as may be agreeable thereunto 
. . . And We do further . . . Grant . . . That it shall and may 
be lawful to and for the said James Duke of York his heirs and 
Assigns in his or their discretions from time to time to admit 
such and so many Person and Persons to trade and traffic unto 
and within the Territories and Islands aforesaid and into every 



1663/4] GRANT OF NEW JERSEY 1 39 

or any part and parcel thereof and to have possess and enjoy any 
Lands or Hereditaments in the parts and places aforesaid as they 
shall think fit according to the Laws, Orders, Constitutions and 
Ordinances by Our said Brother his Heirs, Deputies, Commis- 
sioners and Assigns from time to time to be made and established 
by virtue of and according to the true intent and meaning of 
these presents and under such conditions, reservations and agree- 
ments as Our said Brother his Heirs or Assigns shall set down, 
order, direct and appoint and not otherwise as aforesaid. . . . 



No. 30. Grant of New Jersey to Berkeley 
and Carteret 

June 20/30, 1664 

The grant of New Jersey to Lord Berkeley and Sir George Carteret, like 
the grant from Charles IL to the Duke of York, on which it was based, was 
made before the grantor was actually in possession of the territory granted. 
Berkeley and Carteret were already interested as proprietors in the Carolina 
colony, and were on intimate terms with the Duke of York. For the subse- 
quent history of the grant, see the notes to Nos. 35 and 36, post. 

References. — Text in Learning and Spicer's Grants, Concessions, and 
Original Constitutions of New Jersey (ed. 1881), 8-1 1. 

THIS INDENTURE made the four and twentieth day of 
June, in the sixteenth year of the reign of our sovereign Lord, 
Charles the Second . . . , Annoq. Domini, 1664. Between His 
Royal Highness, James Duke of York, and Albany . . . , of the 
one part: John Lord Berkley, Baron of Stratton, and one of His 
Majesty's most Honourable Privy Council, and Sir, George Car- 
teret of Saltmm, in the County of Devon, Knight and one of His 
Majesty's most Honourable Privy Council of the other part: [A 
recital of the grant of March 12/22, 1663/4, to the Duke of York, 
follows.] Now this Indenture witnesseth, that his said Royal 
Highness James Duke of York, for and in consideration of a 
competent sum of good and lawful money of England to his said 
Royal Highness James Duke of York in hand paid by the said 
John Lord Berkley and Sir George Carteret, before the sealing 
and delivery of these presents, the receipt whereof the said James 
Duke of York; doth hereby acknowledge, ... by these presents, 



140 GRANT OF NEW JERSEY [June 20/30 

doth grant, bargain, sell, release and confirm unto the said John 
Lord Berkley and Sir George Carteret, their heirs and assigns 
for ever, all that tract of land adjacent to New England, and lying 
and being to the westward of Long Island, and Manhitas Island, 
and bounded on the east part by the main sea, and part by Hud- 
son's river, and hath upon the west Delaware bay or river, and 
extendeth southward to the main ocean as far as Cape May at the 
mouth of Delaware bay; and to the northward as far as the norther- 
most branch of the said bay or river of Delaware, which is forty- 
one degrees and forty minutes of latitude, and crosseth over 
thence in a strait line to Hudson's river in forty-one degrees of 
latitude; which said tract of land is hereafter to be called by the 
name or names of New Ceaserea or New Jersey : ... in as full 
and ample manner as the same is granted to the said Duke of 
York by the before-recited Letters Patents; and all the estate, 
right, title, interest, benefit, advantage, claim and demand of the 
said James Duke of York, of in or to the said [tract of land] and 
premises, or any part or parcel thereof . . . : All of which said 
tract of land and premises were by indenture, bearing date the 
day before the date hereof, bargain'd and sold by the said James 
Duke of York, unto the said John Lord Berkley and Sir George 
Carteret, for the term of one whole year to commence from the 
first day of May last past, before the date thereof, under the rent 
of a peper corn, payable as therein is mentioned as by the said 
deed more plainly may appear: by force and virtue of which 
said indenture of bargain and sale, and of the statute for trans- 
ferring of uses into possession, the said John Lord Berkley and 
Sir George Carteret, are in actual possession of the said tract of 
land and premises, and enabled to take a grant and release 
thereof, the said lease being made to that end and purpose, to 
have and to hold all and singular the said tract of land and 
premises; with their, and every of their appurtenances, and every 
part and parcel thereof . . . for ever; yielding and rendering 
therefore unto the said James Duke of York, his heirs and assigns, 
for the said tract of land and premises, yearly . . . the sum of 
twenty nobles of lawful money of England, if the same shall be 
lawfully demanded at or in the Inner Temple Hall London, at 
the feast of St. Michael the Arch Angel yearly. . . . 



1664] NEW JERSEY CONCESSION I4I 

No. 31. New Jersey Concession and 
Agreement 

February 10/20, 1664/5 

At the time of the grant of New Jersey to Berkeley and Carteret, there 
were a few scattered settlements in the region ; but the liberal provisions of 
the " Concession and Agreement " were framed for the settlers who were 
expected to come, rather than for the small number already there. The first 
representative assembly was held at Elizabethtown, in May, 1668. 

References. — Text in Leaming and Spicer's Grants, etc. (ed. 1881), 12- 
26. The early documentary history of New Jersey may be studied in the New 
Jersey Archives, I.; the early laws are in Leaming and Spicer, op. cit. See 
further Winsor's Narr, and Crit. Hist., III., chap. 12; Whitehead's East 
Jersey under the Proprietary Governvient ; Scott's Influence of the Propri- 
etors in Founding New Jersey, in Johns Hopkins Univ. Studies, III., No. 8. 

The Concession and Agreement of the Lords Proprietors 
OF THE Province of New C^sarea, or New Jersey, to and 

WITH ALL AND EVERY THE ADVENTURERS AND ALL SUCH AS SHALL 
settle or PLANT THERE. 

Imprimus. We do consent and agree, that the Governor of the 
said Province hath power, by the advice of his council, to depute 
one in his place and authority, in case of death or removal, to 
continue until our further order, unless we have commissionated 
one before. 

Item. That he hath likewise power to make choice of and to 
take to him six councellors at least, or twelve at most, or any 
even number between six and twelve, with whose advice and con- 
sent, or with at least three of the six, or four of a greater number 
(all being summon' d) he is to govern according to the limitations 
and instructions following, during our pleasure. 

[Provision is made for the appointment of a secretary or regis- 
ter, and a surveyor general, the duties of the same being pre- 
scribed. All officers of trust, including members of the assembly, 
are to swear or subscribe allegiance to the King, and faithfulness 
to the interests of the proprietors and the province.] 

Item. That all persons that are or shall become subjects of 
the King of England, and swear, or subscribe allegiance to the 
King, and faithfulness to the lords, shall be admitted to plant 
and become freemen of the said Province, and enjoy the free- 



142 NEW JERSEY CONCESSION [Feb. 10/20 

doms and immunities hereafter express' d, until some stop or 
contradiction be made by us the Lords, or else the Governor, 
Council and Assembly, which shall be in force until the Lords 
see cause to the contrary : provided that such stop shall not any 
ways prejudice the right or continuance of any person that have 
been receiv'd before such stop or orders come from the General 
Assembly. 

Item. That no person qualified as aforesaid within the said 
Province, at any time shall be any ways molested, punished, dis- 
quieted or called in question for any difference in opinion or 
practice in matter of religious concernments, who do not actually 
disturb the civil peace of the said Province; but that all and 
every such person and persons may from time to time, and at all 
times, freely and fully have and enjoy his and their judgments 
and consciences in matters of religion throughout the said Prov- 
ince, they behaving themselves peaceably and quietly, and not 
using this liberty to licentiousness, nor to the civil injury or out- 
ward disturbance of others; any law, statute or clause contained, 
or to be contained, usage or custom of this realm of England, to 
the contrary thereof in any wise notwithstanding. 

Item. That no pretence may be taken by our heirs or assigns 
for or by reason of our right of patronage and power of advowson, 
granted by his Majesty's Letter's Patents, unto his Royal High- 
ness James Duke of York, and by his said Royal Highness unto 
us, thereby to infringe the general clause of liberty of conscience, 
aforementioned : we do hereby grant unto the General Assembly 
of the said Province, power by act to constitute and appoint 
such and so many ministers or preachers as they shall think fit, 
and to establish their maintenance, giving liberty beside to any 
person or persons to keep and maintain what preachers or minis- 
ters they please. 

Item. That the inhabitants being freemen, or chief agents to 
others of the Province aforesaid; do as soon as this our commis- 
sion shall arrive, by virtue of a writ in our names by the Governor 
to be for the present (until our seal comes) sealed and signed, 
make choice of twelve deputies or representatives from amongst 
themselves; who being chosen are to join with the said Governor 
and council for the making of such laws, ordinances and consti- 
tution as shall be necessary for the present good and welfare of 
the said Province. But so soon as parishes, divisions, tribes and 



1664/5] NEW JERSEY CONCESSION I43 

Other distinctions are made, that then the inhabitants or free- 
holders of the several respective parishes, tribes, divisions and 
distinctions aforesaid, do by our writts, under our seals, (which 
we ingage, shall be in due time issued) annually meet on the 
first day of January, and choose freeholders for each respective 
division, tribe or parish to be the deputies or representatives of 
the same : which body of representatives or the major part of 
them, shall, with the Governor and council aforesaid, be the 
General Assembly of the said Province, the Governor or his 
deputy being present, unless they shall wilfully refuse, in which 
case they may appoint themselves a president, during the absence 
of the Governor or the deputy Governor. 

Which Assembly's are to have Power. 

First. To appoint their own time of meeting and to adjourn 
their sessions from time to time to such times and places as they 
shall think convenient; as also to ascertain the number of their 
quorum; provided that such numbers be not less than the third 
part of the whole, in whom (or more) shall be the full power of 
the General Assembly. 

II. To enact and make all such laws, acts and constitutions 
as shall be necessary for the well government of the said Province, 
and them to repeal: provided, that the same be consonant to 
reason, and as near as may be conveniently agreeable to the laws 
and customs of his majesty's kingdom of England: provided 
also, that they be not against the interest of us the Lords Pro- 
prietors, our heirs or assigns, nor any of those our concessions, 
especially that they be not repugnant to the article for liberty of 
conscience abovementioned : which laws so made shall receive 
publication from the Governor and council (but as the laws of us 
and our General Assembly) and be in force for the space of one 
year and no more, unless contradicted by the Lords Proprietors, 
within which time they are to be presented to us . . . for our 
ratification; and being confirmed by us, they shall be in con- 
tinual force till expired by their own limitation, or by act of 
repeal in like manner to be passed (as aforesaid) and confirmed. 

III. By act as aforesaid, to constitute all courts, together with 
the limits, powers and jurisdictions of the same; as also the 
several offices and number of ofificers belonging to each court, 



144 NEW JERSEY CONCESSION [Feb. 10/20 

with their respective salaries, fees and. perquisites ; their ap- 
pelations and dignities, with the penalties that shall be due to 
them, for the breach of their several and respective duties and 
trusts. 

IV. By act as aforesaid, to lay equal taxes and assessments, 
equally to raise moneys or goods upon all lands (excepting the 
lands of us the Lords Proprietors before settling) or persons 
within the several precincts, hundreds, parishes, manors, or what- 
soever other divisions shall hereafter be made and established in 
the said Province, as oft as necessity shall require, and in such 
manner as to them shall seem most equal and easy for the said 
inhabitants; in order to the better supporting of the publick 
charge of the said Government, and for the mutual safety, defence 
and security of the said Province. 

V. By act as aforesaid, to erect within the said Province, such 
and so many manors, with their necessary courts, jurisdictions, 
freedoms, and privileges, as to them shall seem meet and con- 
venient: As also to divide the said Province into hundreds, 
parishes, tribes, or such other divisions and districtions, as they 
shall think fit; and the said divisions to distinguish by what 
names we shall order or direct; and in default thereof, by such 
names as they please : As also in the said Province to create and 
appoint such and so many ports, harbours, creeks, and other 
places for the convenient lading and unlading of goods and 
merchandizes, out of ships, boats and other vessels, as shall be 
expedient; with such jurisdictions, privileges and francheses to 
such ports, &c. belonging, as they shall judge most conducing to 
the general good of the said Plantation or Province. 

VI. By their enacting ... to erect, raise and build within the 
said Province or any part thereof, such and so many forts, for- 
tresses, castles, cities, corporations, boroughs, towns, villages, 
and other places of strength and defence; and them or any of 
them, to incorporate with such charters and privileges, as to them 
shall seem good, and the grant made unto us will permit; [and 
the same to fortify and furnish.] 

[VII. To constitute trained bands, &c., suppress mutiny and 
rebellion, and wage offensive and defensive war.] 

[VIII. To naturalize foreigners.] 

[IX. To regulate allotments of land to individuals; such allot- 
ments not to exceed the proportions in the proprietary grants.] 



1664/5] NEW JERSEY CONCESSION I45 

[X. The assembly to provide for the support of the govern- 
ment, and for the collection of rents due the proprietors.] 

XL Lastly to enact, constitute and ordain all such other laws, 
acts and constitutions as shall or may be necessary for the good, 
prosperity and settlement of the said Province, excepting what 
by these presents is excepted, and conforming to the limitations 
herein expressed. 

The Governor is with his Council before Express'd. 

First. To see that all courts establish'd by the laws of the 
General Assembly, and all ministers and officers, civil and mili- 
tary, do and execute their several duties and offices respectively, 
according to the laws in force; and to punish them for swerving 
from the laws, or acting contrary to their trust, as the nature of 
their offences shall require. 

II. According to the constitution of the General Assembly, 
to nominate and commissionate, the several judges, members 
and officers of courts, whether magistratical or ministerial and 
all other civil officers, coroners, &c, and their commissions, 
powers and authority to revoke at pleasure : provided, that they 
appoint none but such as are freeholders . . . , unless the General 
Assembly consent. 

III. According to the constitution of the General Assembly, 
to appoint courts and officers in cases criminal; and to impower 
them to inflict penalties upon offenders against any of the laws 
in force in the said Province, as the said laws shall ordain; 
whether by fine, imprisonment, banishment, corporal punishment, 
or to the taking away of member or life itself if there be cause 
for it. 

[IV. To nominate and commission military officers, and direct 
the training and employment of the troops.] 

[V. To grant reprieves, pending the decision of the proprie- 
tors.] 

[VL To issue writs for elections to fill vacancies in the as- 
sembly.] 

VII. To make warrants and seal grants of land. . . . 

VIII. To act and do all other things that may conduce to the 
safety, peace and well-government of the said Province, as they 
shall see fit; so as they be not contrary to the laws of the said 
Province. 

L 



146 NEW JERSEY CONCESSION [Feb. 10/20 

For the better Security of the Proprieties of all the 
Inhabitants. 

First. They are not to impose nor suffer to be imposed^ any 
tax, custom, subsidy, tallage, assessment, or any other duty what- 
soever upon any colour or pretence, upon the said Province and 
inhabitants thereof, other than what shall be imposed by the 
authority and consent of the General Assembly, and then only in 
manner as aforesaid. 

II. They are to take care, that lands quietly held, planted and 
possessed seven years, after its being duly survey' d by the Sur- 
veyor General, or his order, shall not be subject to any review, 
resurvey or alteration of bounders, on what pretence soever by 
any of us, or by any officer or minister under us. 

III. They are to take care, that no man, if his cattle stray, 
range or graze on any ground within the said Province, not actu- 
ally appropriated or set out to particular persons, shall be lyable 
to pay any trespass for the same, to us, our heirs or executors : 
Provided, that custom of commons be not thereby pretended to, 
nor any person hindered from taking up, and appropriating any 
lands so grazed upon : And that no person doth purposely suffer 
his cattle to graze on such lands. 

And that the Planting of the said Province may be the 

MORE speedily PROMOTED. 

[The five sections under this heading state the different amounts 
of land granted to the various classes of persons who shall settle 
in the province prior to January, 1667/8.] 

V. . . . Provided always, That no person arriving in the said 
Province, with purpose to settle (they being subjects or natural- 
ized as aforesaid) be denied a grant of such proportions of land 
as at the time of their arrival there are due to themselves or serv- 
ants, by concession from us as aforesaid; but have full licence 
to take up and settle the same', in such order and manner as is 
granted or prescrib'd . . . 



1664/5] NEW JERSEY CONCESSION 14;^ 

And that the lands may be the more regularly laid out 

AND ALL PERSONS THE BETTER ASCERTAIN 'D OF THEIR TITLE AND 
POSSESSION. 

[Sections I. and II. prescribe the size and division of lots, and 
the method of recording grants j land so granted to be held in 
free and common soccage, paying yearly to the proprietors a 
quit-rent of one-half penny per acre.] 

III. Item. We do also grant convenient proportions of land 
for highways and for streets, not exceeding one hundred foot in 
breadth in cities, towns and vilages, &c. and for churches, forts, 
wharfs, kays, harbours and for publick houses; and to each parish 
for the use of their ministers two hundred acres, in such places 
as the General Assembly shall appoint. 

IV. Item. The Governor is to take notice, that all such lands 
laid out for the uses and purposes aforesaid, in the next preceding 
article, shall be free and exempt from all rents, taxes and other 
charges and duties whatsoever, payable to us, our heirs or 
assigns. 

V. Item. That in laying out lands for cities, towns, vilages, 
boroughs, or other hamblets, the said lands be divided into seven 
parts; one seventh part whereof to be by lot laid out for us, and 
the rest divided to such as shall be willing to build thereon, they 
paying after the rate of one penny or half-penny per acre (accord- 
ing to the value of the land) yearly to us, as for their other lands 
as aforesaid; which said lands in cities, towns, &c. is to be 
assured to each possessor by the same way and instrument as is 
before mentioned. 

VI. Item. That all rules relating to the building of each 
street, or quantity of ground to be allotted to each house within 
the said respective cities, boroughs and towns, be wholly left by 
act as aforesaid, to the wisdom and discretion of the General 
Assembly. 

VII. Item. That the inhabitants of the said Province have 
free passage thro' or by any seas, bounds, creeks, rivers or rive- 
lets, &c. in the said Province, thro' or by which they must neces- 
sarily pass to come from the main ocean to any part of the 
Province aforesaid. 

VIII. Lastly. It shall be lawful for the representatives of the 
Freeholders, to make any address to the Lords touching the Gov- 



148 SECOND CHARTER OF CAROLINA [June 30/July 10 

ernor and Council, or any of them, or concerning any grievances 
whatsoever, or for any other thing they shall desire, without the 
consent of the Governor and Council, or any of them. . . . 



No. 32. Second Charter of Carolina 

June 30/July 10, 1665 

Although the Heath grant of 1629 had been declared void by an order in 
council, it had not been judicially annulled; and it was, apparently, to quiet 
the title to the province, as well as to enlarge the boundaries, that the second 
Carolina charter was obtained. With the exception of the definition of boun- 
daries, given in the extract following, the provisions of the two charters are 
similar. The proprietary government under the charter continued, with many 
vicissitudes, until 1719, when it was overthrown; but the proprietors main- 
tained their ownership until 1729, when the title of seven-eighths of the 
colony was purchased by the Crown. The proprietor of the remaining one- 
eighth, Lord Carteret, exchanged his portion in 1743 for a narrow strip of 
land between 35° 34' north latitude and the southern boundary of Virginia, 
which he retained until the Revolution. During most of the proprietary 
period the northern and southern colonies enjoyed separate governments, 
although the province was held as a unit; but with the purchase of the 
proprietary title by the Crown, in 1729, North and South Carolina became 
separate royal provinces, and so continued until the adoption of State consti- 
tutions in 1776. 

References. — Text in Statutes at Large of SoutJi Carolina (Cooper's ed., 
1836), I., 31-40. For general references, see under No. 26, ante. 

CHARLES the Second, . . . [&c.] . . . WHEREAS, by 
our Letters Patents, bearing date the twenty- fourth day of March, 
in the fifteenth year of our reign, We were graciously pleased to 
grant unto our right trusty and right well-beloved Cousin and 
Counsellor Edward Earl of Clarendon, our High Chancellor of 
England , . . [and others] ... all that province, territory, or 
tract of ground, called Carolina, situate, lying and being within 
our dominions of America; extending from the north end of the 
island called Luke-Island, which lieth in the Southern Virginia 
seas, and within thirty-six degrees of north latitude j and to the 
west, as far as the South-Seas; and so respectively as far as the 
river of Matthias, which bordereth upon the coast of Florida, 
and within thirty-one degrees of north latitude; and so west, 
in a direct line, as far as the South-Seas aforesaid. 

2d. Now know ye, that we, at the humble request of the said 



1665] FUNDAMENTAL CONSTITUTIONS 1 49 

grantees, in the aforesaid letters patents named, and as a further 
mark of our especial favour towards them, we are graciously 
pleased to enlarge our said grant unto them, according to the 
bounds and limits hereafter specified, and in favour to the pious 
and noble purpose of the said Edward, Earl of Clarendon, George, 
Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, 
Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, 
and Sir William Berkley, their heirs and assigns, all that Prov- 
ince, territory, or tract of ground, scituate, lying and being 
within our dominions of America aforesaid, extending north and 
eastward as far as the north end of Charahake river or gulet, upon 
a streight westerly line to Wyonoake Creek, which lies within 
or about the degrees of thirty-six, and thirty minutes northern, 
latitude, and so west in a direct line as far as the South-seas ; and 
South and Westward as far as the degrees of twenty-nine inclusive 
northern latitude, and so west in a direct line, as far as the South 
Seas ; together with all and singular ports, harbours, bays, rivers, 
and islets, belonging unto the Province or territory aforesaid : . . . 
4th. And that the Province or territory hereby granted and 
described, may be dignified with as large Titles and Priviledges 
as any other parts of our Dominions and territories in that region. 
Know ye, that we . . . have thought fit to annex the same tract 
of ground and territory, unto the same province of Carolina ; and 
out of the fullness of our royal power and prerogative, we do for 
us, our heirs and successors, annex and unite the same to the said 
Province of Carolina. . . . 



No. 33. Fundamental Constitutions of 
Carolina 

March i/ii, 1669/70 

In January, 1664/5, ^^^ proprietors of Carolina executed certain "conces- 
sions and agreements " for the government of the colony. In 1669 these were 
followed by the Fundamental Constitutions, a general frame of government, 
drawn up by John Locke, then private secretary to Lord Ashley. The first 
draft of the Fundamental Constitutions, dated July 21/31, 1669, and contain- 
ing 81 articles, was superseded March i/ii, 1669/70, by a second, in 120 
articles. A third set, also in 120 articles, was issued Jan. 12/22, 1681/2 ; a 
fourth, in 121 articles, Aug. 17/27, 1682 ; and a fifth and last, reduced to 41 



i 5 6 FUNDAMENTAL . CONSTITUTIONS [March i / 1 1 

aiticles, April 11/21, 1698. The Fundamental Constitutions were early seen 
to be ill-adapted to the conditions of the colony, and were never adopted by 
the freemen; but they were never formally abandoned by the proprietors, and 
remained nominally in force until the revolution of 1719. For fifty years the 
attempts to give effect to them formed an important ground of dispute between 
the proprietors and the colonists. 

The second form of the Fundamental Constitutions, the one generally cited, 
is given here. The "rules of precedency," appended to the body of the 
document, and a few articles of minor importance, are omitted. 

References. — l^ext in Locke's PVorks (ed. 1823), X., 175-199. On the 
historical importance of the Constitutions, see especially McCrady's South 
Carolina under the Proprietary Government. 

Our sovereign lord the king having, out of his royal grace and 
bounty, granted unto us the province of Carolina, with all the 
royalties, properties, jurisdictions, and privileges, of a county 
palatine, as large and ample as the county palatine of Durham, 
with other great privileges, for the better settlement of the gov- 
ernment of the said place, and establishing the interest of the 
lords proprietors with equality, and without confusion; and that 
the government of this province may be made most agreeable to 
the monarchy under which we live, and of which this province is 
a part; and that we may avoid erecting a numerous democracy: 
we, the lords and proprietors of the province aforesaid, have 
agreed to this following form of government, to be perpetually 
established amongst us, unto which we do oblige ourselves, our 
heirs, and successors, in the most binding ways that can be 
devised. 

I. The eldest of the lords proprietors shall be palatine; and, 
upon the decease of the palatine, the eldest of the seven surviving 
proprietors shall always succeed him. 

II. There shall be seven other chief ofifices erected, viz. the 
admiral's, chamberlain's, chancellor's, constable's, chief jus- 
tice's, high steward's, and treasurer's; which places shall be 
enjoyed by none but the lords proprietors, to be assigned at first 
by lot; and upon the vacancy of any one of the seven great ofifices 
by death, or otherwise, the eldest proprietor shall have his choice 
of the said place. 

III. The whole province shall be divided into counties; each 
county shall consist of eight signiories, eight baronies, and four 
precincts; each precinct shall consist of six colonies. 

IV. Each signiory, barony, and colony, shall consist of twelve 



1669/70] FUNDAMENTAL CONSTITUTIONS T5I 

thousand acres ; the eight signiories being the share of the eight 
proprietors, and the eight baronies of the nobihties ; both which 
shares, being each of them one fifth part of the whole, are to be 
perpetually annexed, the one to the proprietors, the other to the 
hereditary nobility, leaving the colonies, being three fifths, 
amongst the people : so that in setting out, and planting the lands, 
the balance of the government may be preserved. 

V. At any time before the year one thousand seven hundred 
and one, any of the lords proprietors shall have power to relin- 
quish, alienate, and dispose to any other person, his proprietor- 
ship, and all the signiories, powers, and interest thereunto 
belonging, wholly and entirely together, and not otherwise. But; 
after the year one thousand seven hundred, those, who are then 
lords proprietors, shall not have power to alienate or make over 
their proprietorship, with the signiories and privileges thereunto 
belonging, or any part thereof, to any person whatsoever, other- 
wise than as in § XVIII. but it shall all descend unto their heirs- 
male ; and, for want of heirs-male, it shall all descend on that 
landgrave, or cassique, of Carolina, who is descended of the next 
heirs-female of the proprietor ; and, for want of such heirs, it 
shall descend on the next heir-general ; and, for want of such 
heirs, the remaining seven proprietors shall, upon the vacancy, 
choose a landgrave to succeed the deceased proprietors, who 
being chosen by the majority of the seven surviving proprietors, 
he and his heirs, successively, shall be proprietors, as fully to all 
intents and purposes, as any of the rest. 

VI. That the number of eight proprietors may be constandy 
kept ; if, upon the vacancy of any proprietorship, the seven sur- 
viving proprietors shall not choose a landgrave to be a proprietor, 
before the second biennial parliament after the vacancy ; then 
the next biennial parliament but one after such vacancy shall 
have power to choose any landgrave to be a proprietor. 

IX. There shall be just as many landgraves as there are coun- 
ties, and twice as many cassiques, and no more. These shall be 
the hereditary nobility of the province, and by right of their dig- 
nity be members of parhament. Each landgrave shall have four 
baronies, and each cassique two baronies, hereditarily and unal- 
terably annexed to, and settled upon the said dignity. 

X. The first landgraves and cassiques of the twelve first counties 



152 FUNDAMENTAL CONSTITUTIONS [March l/ii 

to be planted, shall be nominated thus; that is to say, of the 
twelve landgraves, the lords proprietors shall each of them, 
separately for himself, nominate and choose one; and the re- 
maining four landgraves of the first twelve, shall be nominated 
and chosen by the palatine's court. In like manner, of the 
twenty-four first cassiques, each proprietor for himself shall 
nominate and choose two, and the remaining eight shall be nomi- 
nated and chosen by the palatine's court; and when the twelve 
first counties shall be planted, the lords proprietors shall again 
in the same manner nominate and choose twelve more landgraves, 
and twenty-four cassiques for the twelve next counties to be 
planted; that is to say, two-thirds of each number by the single 
nomination of each proprietor for himself, and the remaining 
one-third by the joint election of the palatine's court, and so 
proceed in the same manner till the whole province of Carolina 
be set out and planted, according to the proportions in these 
Fundamental Constitutions. 

XI. Any landgrave or cassique at any time before the year one 
thousand seven hundred and one, shall have power to alienate, 
sell, or make over to any other person, his dignity, with the 
baronies thereunto belonging, all entirely together. But after 
the year one thousand seven hundred, no landgrave or cassique 
shall have power to alienate, sell, make over, or let the hereditary 
baronies of his dignity, or any part thereof, otherwise than as in 
§ XVIII; they shall all entirely with the dignity thereunto be- 
longing, descend unto his heirs male; and for want of heirs 
male, all entirely and undivided, to the next heir general; and 
for want of such heirs, shall devolve into the hands of the lords 
proprietors. 

XIII. No one person shall have more than one dignity, with 
the signiories or baronies thereunto belonging. But whensoever 
it shall happen, that any one, who is already proprietor, land- 
grave, or cassique, shall have any of these dignities descend to 
him by inheritance, it shall be at his choice to keep which of the 
dignities, with the lands annexed, he shall like best; but shall 
leave the other, with the lands annexed, to be enjoyed by him, 
who not being his heir apparent, and certain successor to his 
present dignity, is next of blood. 



1669/70] FUNDAMENTAL CONSTITUTIONS 1 53 

XVI. In every signiory, barony, and manor, the respective 
lord shall have power in his own name to hold court-leet there, 
for trying of all causes both civil and criminal; but where it shall 
concern any person being no inhabitant, vassal, or leet-man of 
the said signiory, barony, or manor, he, upon paying down of 
forty shillings to the lords proprietors' use, shall have an appeal 
from the signiory or barony-court to the county- court, and from 
the manor-court to the precinct-court. 

XVII. Every manor shall consist of not less than three thousand 
acres, and not above twelve thousand acres in one entire piece 
and colony: but any three thousand acres or more in one piece, 
and the possession of one man, shall not be a manor, unless it 
be constituted a manor by the grant of the palatine's court. 

XVIII. The lords of signiories and baronies shall have power 
only of granting estates not exceeding three lives, or thirty-one 
\_fwenty-one] years, in two-thirds of the said signiories or baronies, 
and the remaining third shall be always demesne. 

XIX. Any lord of a manor may alienate, sell, or dispose to 
any other person and his heirs forever, his manor, all entirely 
together, with all the privileges and leet-men thereunto belong- 
ing, so far forth as any colony lands; but no grant of any part 
thereof, either in fee, or for any longer term than three lives, or 
one-and-twenty years, shall be good against the next heir. 

XX. No manor, for want of issue-male, shall be divided 
amongst coheirs; but the manor, if there be but one, shall all 
entirely descend to the eldest daughter and her heirs. If there 
be more manors than one, the eldest daughter first shall have her 
choice, the second next, and so on, beginning again at the eldest, 
till all the manors be taken up; that so the privileges, which 
belong to manors being indivisible, the lands of the manors, to 
which they are annexed, may be kept entire, and the manor not 
lose those privileges, which, upon parcelling out to several 
owners, must necessarily cease. 

XXII. In every signiory, barony, and manor, all the leet-men 
shall be under the jurisdiction of the respective lords of the said 
signiory, barony, or manor, without appeal from him. Nor shall 
any leet-man, or leet-woman, have liberty to go off from the land 
of their particular lord, and live any where else, without licence 
obtained from their said lord, under hand and seal. 



1^4 FtMDAMENTAL CONSTITUTIONS [March i/ii 

XXIII. All the children of leet-men shall be leet-men, and so 
to all generations. 

* ** * * * * * * * * 

XXV. Whoever shall voluntarily enter himself a leet-man, in 
the registry of the county-court, shall be a leet-man. 

XXVI. Whoever is lord of leet-men, shall upon the marriage of 
a leet-man, or leet-woman of his, give them ten acres of land for 
their lives ; they paying to him therefore not more than one-eighth 
part of all the yearly produce and growth of the said ten acres. 

XXVII. No landgrave or cassique shall be tried for any 
criminal cause, in any but the chief-justice's courts and that by 
a jury of his peers. 

XXVIII. There shall be eight supreme courts. The first called 
the palatine's court, consisting of the palatine, and the other 
seven proprietors. The other seven courts of the other seven 
great officers, shall consist each of them of a proprietor, and 
six counsellors added to him. Under each of these latter seven 
courts, shall be a college of twelve assistants. The twelve as- 
sistants of the several colleges shall be chosen, two out of the 
landgraves, cassiques, or eldest sons of the proprietors, by the 
palatine's court; two out of the landgraves, by the landgraves' 
chamber; two out of the cassiques, by the cassiques' chamber; 
four more of the twelve shall be chosen by the commons' chamber, 
out of such as have been, or are members of parliament, sheriffs, 
or justices of the county-court, or the younger sons of proprietors, 
or eldest sons of landgraves or cassiques; the two other shall be 
chosen by the palatine's court, out of the same sort of persons, 
out of which the commons' chamber is to choose. 

XXIX. Out of these colleges shall be chosen at first by the 
palatine's court, six counsellors, to be joined with each proprietor 
in his court; of which six, one shall be of those, who were chosen 
into any of the colleges by the palatine's court, out of the land- 
graves, cassiques, or eldest sons of proprietors; one out of those 
who were chosen by the landgraves' chamber; and one out of 
those, who were chosen by the cassiques' chamber; two out of 
those, who were chosen by the commons' chamber; and one out 
of those, who were chosen by the palatine's court, out of the 
proprietors' younger sons, or eldest sons of landgraves, cassiques, 
or commons, qualified as aforesaid. 

# * * * * * * * *•* * 



1669/70] FUNDAMENTAL CONSTITUTIONS 155 

XXXI. No man, being a member of the grand council, or of 
any of the seven colleges, shall be turned out, but for misde- 
meanor, of which the grand council shall be judge; and the 
vacancy of the person so put out shall be filled, not by the elec- 
tion of the grand council, but by those, who first chose him, and 
out of the same degree he was of, who is expelled. But it is not 
hereby to be understood, that the grand council hath any power 
to turn out any one of the lords proprietors or their deputies, the 
lords proprietors having in themselves an inherent original right. 

XXXII. All elections in the parliament, in the several cham- 
bers of the parliament, and in the grand council, shall be passed 
by balloting. 

XXXIII. The palatine's court shall consist of the palatine, 
and seven proprietors, wherein nothing shall be acted without the 
presence and consent of the palatine or his deputy, and three 
others of the proprietors or their deputies. This court shall have 
power to call parliaments, to pardon all offences, to make elec- 
tions of all officers in the proprietors' dispose, and to nominate 
and appoint port-towns; and also shall have power, by their order 
to the treasurer, to dispose of all public treasure, excepting money 
granted by the parliament, and by them directed to some par- 
ticular public use; and also shall have a negative upon all acts, 
orders, votes, and judgments, of the grand council and the par- 
liament, except only as in § VI. and XII. and shall have all 
the powers granted to the lords proprietors, by their patent from 
our sovereign lord the king, except in such things as are limited 
by these Fundamental Constitutions. 

XXXIV. The palatine himself, when he in person shall be 
either in the army, or in any of the proprietors' courts, shall then 
have the power of general, or of that proprietor, in whose court 
he is then present; and the proprietor, in whose court the pala- 
tine then presides, shall during his presence there be but as one 
of the council. 

XXXV. The chancellor's court, consisting of one of the pro- 
prietors, and his six counsellors, who shall be called vice-chan- 
cellors, shall have the custody of the seal of the palatine, under 
which charters of lands or otherwise, commissions and grants of 
the palatine's court, shall pass. And it shall not be lawful to 
put the seal of the palatinate \_palatine] to any writing, which is 
not signed by the palatinate \^palatine~\ or his deputy, and three 



156 FUNDAMENTAL CONSTITUTIONS [March i/ii 

other proprietors or their deputies. To this court also belong all 
state matters, despatches, and treaties with the neighbour Indians. 
To this court also belong all invasions of the law, of liberty of 
conscience, and all disturbances of the public peace, upon pre- 
tence of religion, as also the licence of printing. The twelve 
assistants belonging to this court shall be called recorders. 
*********** 

XXXVII. The chancellor, or his deputy, shall be always 
speaker in parliament, and president of the grand council; and 
in his and his deputy's absence, one of his vice-chancellors. 

XXXVIII. The chief justice's court, consisting of one of the 
proprietors and his six counsellors, who shall be called justices 
of the bench, shall judge all appeals in cases both civil and 
criminal, except all such cases as shall be under the jurisdiction 
and cognizance of any other of the proprietors' courts, which 
shall be tried in those courts respectively. The government and 
regulation of registries of writings and contracts shall belong to 
the jurisdiction of this court. The twelve assistants of this court 
shall be called masters. 

XXXIX. The constable's court, consisting of one of the pro- 
prietors and his six counsellors, who shall be called marshals, 
shall order and determine of all military affairs by land, and all 
land-forces, arms, ammunition, artillery, garrisons and forts, &c. 
and whatever belongs unto war. His twelve assistants shall be 
called lieutenant-generals. 

XL. In time of actual war, the constable, whilst he is in the 
army, shall be general of the army; and the six counsellors, or 
such of them as the palatine's court shall for that time or service 
appoint, shall be the immediate great officers under him, and 
the lieutenant-generals next to them. 

XLI. The admiral's court, consisting of one of the proprietors, 
and his six counsellors, called consuls, shall have the care and 
inspection over all ports, moles, and navigable rivers, so far as 
the tide flows, and also all the public shipping of Carolina, and 
stores thereunto belonging, and all maritime affairs. This court 
also shall have the power of the court of admiralty; and shall have 
power to constitute judges in port-towns, to try cases belonging to 
law-merchant, as shall be most convenient for trade. The twelve 
assistants, belonging to this court, shall be called proconsuls. 



1669/70] FUNDAMENTAL CONSTITUTIONS 1 5/ 

XLIII. The treasurer's court, consisting of a proprietor and 
his six counsellors, called under-treasurers, shall take care of all 
matters that concern the public revenue and treasury. The twelve 
assistants shall be called auditors. 

XLIV. The high steward's court, consisting of a proprietor 
and his six counsellors, called comptrollers, shall have the care 
of all foreign and domestic trade, manufactures, public buildings, 
work-houses, highways, passages by water above the flood of the 
tide, drains, sewers, and banks against inundations, bridges, 
posts, carriers, fairs, markets, corruption or infection of the 
common air or water, and all things in order to the public com- 
merce and health; also setting out and surveying of lands; and 
also setting out and appointing places for towns to be built on 
in the precincts, and the prescribing and determining the figure 
and bigness of the said towns, according to such models as the 
said court shall order; contrary or differing from which models 
it shall not be lawful for any one to build in any town. This 
court shall have power also to make any public building, or any 
new highway, or enlarge any old highway, upon any man's land 
whatsoever; as also to make cuts, channels, banks, locks, and 
bridges, for making rivers navigable, or for draining fens, or any 
other public use. The damage the owner of such lands, (on or 
through which any such public things shall be made) shall receive 
thereby, shall be valued, and satisfaction made by such ways as 
the grand council shall appoint. The twelve assistants, belong- 
ing to this court, shall be called surveyors. 

XLV. The chamberlain's court, consisting of a proprietor and 
six counsellors, called vice-chamberlains, shall have the care of 
all ceremonies, precedency, heraldry, reception of public mes- 
sengers, pedigrees, the registry of all births, burials, and mar- 
riages, legitimation, and all cases concerning matrimony, or 
arising from it; and shall also have power to regulate all fashions, 
habits, badges, games, and sports. To this court also it shall 
belong to convocate the grand council. The twelve assistants 
belonging to this court shall be called provosts. 

XLVI. All causes belonging to, or under the jurisdiction of, 
any of the proprietors' courts, shall in them respectively be tried, 
and ultimately determined without any farther appeal. 

XLVII. The proprietors' courts shall have a power to mitigate 
all fines, and suspend all executions in criminal causes, either 



158 FUNDAMENTAL CONSTITUTIONS [March i/ii 

before or after sentence, in any of the other inferior courts 
respectively. 

XLVIII. In all debates, hearings, or trials, in any of the pro- 
prietors' courts, the twelve assistants belonging to the said courts 
respectively shall have liberty to be present, but shall not inter- 
pose, unless their opinions be required, nor have any vote at all; 
but their business shall be, by the direction of the respective 
courts, to prepare such business as shall be committed to them; 
as also to bear such ofifices, and despatch such affairs, either 
where the court is kept, or elsewhere, as the court shall think fit. 

XLIX. In all the proprietors' courts, the proprietor, and any 
three of his counsellors, shall make a quorum; provided always, 
that for the better despatch of business, it shall be in the power 
of the palatine's court to direct what sort of causes shall.be heard 
and determined by a quorum of any three. 

L; The grand council shall consist of the palatine and seven 
proprietors, and the forty-two counsellors of the several pro- 
prietors' courts, who shall have power to determine any contro- 
versies that may arise between any of the proprietors' courts about 
their respective jurisdictions, or between the members of the 
same court about their manner and methods of proceeding; to 
make peace and war, leagues, treaties, &c. with any of the neigh- 
bour Indians; to issue out their general orders to the constable's 
and admiral's courts, for the raising, disposing, or disbanding 
the forces, by land or by sea. 

LI. The grand council shall prepare all matters to be proposed 
in parliament. Nor shall any matter whatsoever be proposed in 
parliament, but what hath first passed the grand council; which, 
after having been read three several days in the parliament, shall 
by majority of votes be passed or rejected. 

LII. The grand council shall always be judges of all causes 
and appeals that concern the palatine, or any of the lords pro- 
prietors, or any counsellor of any proprietor's court, in any cause, 
which otherwise should have been tried in the court in which the 
said counsellor is judge himself. 

LIII. The grand council, by their warrants to the treasurer's 
court, shall dispose of all the money given by the parliament, 
and by them directed to any particular public use. 
' LIV. The quorum of the grand council shall be thirteen, 
whereof a proprietor, or his deputy, shall be always one. 



1669/70] FUNDAMENTAL CONSTITUTIONS 1 59 

LV. The grand council shall meet the first Tuesday in every 
month, and as much oftener as either they shall think fit, or they 
shall be convocated by the chamberlain's court. 

LVI. The palatine, or any of the lords proprietors, shall have 
power, under hand and seal, to be registered in the grand council, 
to make a deputy, who shall have the same power, to all intents 
and purposes, as he himself who deputes him; except in con- 
firming acts of parliament, as in § LXXVI., and except also in 
nominating and choosing landgraves and cassiques, as in § X. 
All such deputations shall cease and determine at the end of four 
years, and at any time shall be revocable at the pleasure of the 
deputator. 

LVII. No deputy of any proprietor shall have any power, 
whilst the deputator is in any part of Carolina, except the pro- 
prietor, whose deputy he is, be a minor. 



LIX. The eldest of the lords proprietors, who shall be per- 
sonally in Carolina, shall of course be the palatine's deputy, and 
if no proprietor be in Carolina, he shall choose his deputy out 
of the heirs-apparent of any of the proprietors, if any such be 
there; and if there be no heir-apparent of any of the lords pro- 
prietors above one-and-twenty years old, in Carolina, then he 
shall choose for deputy any one of the landgraves of the grand 
council : till he have, by deputation, under hand and seal, chosen 
any one of the fore-mentioned heirs apparent, or landgraves, to 
be his deputy, the eldest man of the landgraves, and for want of 
a landgrave, the eldest man of the cassiques, who shall be per- 
sonally in Carolina, shall of course be his deputy. 

LX. Each proprietor's deputy shall be always one of his own 
six counsellors respectively; and in case any of the proprietors 
hath not, in his absence out of Carolina, a deputy, commissioned 
under his hand and seal, the eldest nobleman of his court shall 
of course be his deputy. 

LXI. In every county there shall be a court, consisting qi a 
sheriff and four justices of the county, for every precinct one. 
The sheriff shall be an inhabitant of the county, and have at least 
five hundred acres of freehold within the said county; and the 
justices shall be inhabitants, and have each of them five hundred 
acres a-piece freehold within the precinct for which they serve 



l60 FUNDAMENTAL CONSTITUTIONS [March i/ii 

respectively. These five shall be chosen and commissioned from 
time to time by the palatine's court. 

LXII. For any personal causes exceeding the value of two 
hundred pounds sterling, or in title of land, or in any criminal 
cause : either party, upon paying twenty pounds sterling to the 
lords proprietors' use, shall have liberty of appeal from the county- 
court unto the respective proprietor's court. 

LXIII. In every precinct there shall be a court, consisting of 
a steward and four justices of the precinct, being inhabitants, 
and having three hundred acres of freehold within the said pre- 
cinct, who shall judge all criminal causes, except for treason, 
murder, and any other offences punishable with death, and except 
all criminal causes of the nobility; and shall judge also all civil 
causes whatsoever; and in all personal actions, not exceeding 
fifty pounds sterling, without appeal; but where the cause shall 
exceed that value, or concern a title of land, and in all criminal 
causes, there either party, upon paying five pounds sterling to 
the lords proprietors' use, shall have liberty of appeal to the 
county court. 

LXIV. No cause shall be twice tried in any one court, upon 
any reason or pretence whatsoever. 

LXV. For treason, murder, and all other offences punishable 
with death, there shall be a commission, twice a year at least, 
granted unto one or more members of the grand council, or col- 
leges, who shall come as itinerant judges to the several counties, 
and, with the sheriff and four justices, shall hold assizes to judge 
all such causes; but, upon paying of fifty pounds sterling to the 
lords proprietors' use, there shall be liberty of appeal to the 
respective proprietor's court. 

LXVL The grand jury at the several assizes shall, upon their 
oaths, and under their hands and seals, deliver in to their itin- 
erant judges a presentment of such grievances, misdemeanors, 
exigencies, or defects, which they think necessary for the public 
good of the country; which presentments shall, by the itinerant 
judges, at the end of their circuit, be delivered in to the grand 
council at their next sitting. And whatsoever therein concerns 
the execution of laws already made, the several proprietors' 
courts, in the matters belonging to each of them respectively, 
shall take cognizance of it, and give such order about it as shall 
be effectual for the due execution of the laws. But whatever 



1669/70] FUNDAMENTAL CONSTITUTIONS l6l 

concerns the making of any new law shall be referred to the 
several respective courts to which that matter belongs, and be by 
them prepared and brought to the grand council. 

LXVII. For terms, there shall be quarterly such a certain 
number of days, not exceeding one-and-twenty at any one time, 
as the several respective courts shall appoint. The time for the 
beginning of the term, in the precinct-court, shall be the first 
Monday in January, April, July, and October; in the county- 
court, the first Monday in February, May, August, and November; 
and in the proprietors' courts, the first Monday in March, June, 
September, and December. 

LXVIII, In the precinct-court no man shall be a juryman 
under fifty acres of freehold. In the county-court, or at the 
assizes, no man shall be a grand juryman under three hundred 
acres of freehold; and no man shall be a petty juryman under 
two hundred acres of freehold. In the proprietors' courts no 
man shall be a juryman under five hundred acres of freehold. 

LXIX. Every jury shall consist of twelve men; and it shall 
not be necessary they should all agree, but the verdict shall be 
according to the consent of the majority. 

LXX. It shall be a base and vile thing to plead for money or 
reward; nor shall any one (except he be a near kinsman, not 
farther off than cousin-german to the party concerned) be per- 
mitted to plead another man's cause, till before the judge, in 
open court, he hath taken an oath, that he doth not plead for 
money or reward, nor hath, nor will receive, nor directly, nor in- 
directly, bargained with the party whose cause he is going to 
plead, for money or any other reward, for pleading his cause. 

LXXI. There shall be a parliament, consisting of the proprie- 
tors, or their deputies, the landgraves and cassiques, and one 
freeholder out of every precinct, to be chosen by the freeholders 
of the said precinct respectively. They shall sit all together in 
one room, and have every member one vote. 

LXXII. No man shall be chosen a member of parliament who 
hath less than five hundred acres of freehold within the precinct 
for which he is chosen; nor shall any have a vote in choosing the 
said member that hath less than fifty acres of freehold within the 
said precinct. 

LXXIII. A new parliament shall be assembled the first Monday 
of the month of November every second year, and shall meet and 

M 



1 62 FUNDAMENTAL CONSTITUTIONS [March i/ii 

sit in the town they last sat in, without any summons, unless, by 
the palatine's court, they be summoned to meet at any other 
place. And if there shall be any occasion of a parliament in 
these intervals, it shall be in the power of the palatine's court to 
assemble them in forty days' notice, and at such time and place 
as the said court shall think fit; and the palatine's court shall 
have power to dissolve the said parliament when they shall 
think fit. 

LXXIV. At the opening of every parliament, the first thing 
that shall be done shall be the reading of these Fundamental 
Constitutions, which the palatine and proprietors, and the rest 
of the members then present, shall subscribe. Nor shall any 
person whatsoever sit or vote in the parliament, till he hath that 
session subscribed these Fundamental Constitutions, in a book 
kept for that purpose by the clerk of the parliament. 

LXXV. In order to the due election of members for the 
biennial parliament, it shall be lawful for the freeholders of the 
respective precincts to meet the first Tuesday in September every 
two years, in the same town or place that they last met in to 
choose parliament-men; and there choose those members that 
are to sit the next November following, unless the steward of the 
precinct shall, by sufficient notice thirty days before, appoint 
some other place for their meeting, in order to the election. 

LXXVI. No act, or order of parliament, shall be of any force, 
unless it be ratified in open parliament, during the same session, 
by the palatine or his deputy, and three more of the lords pro- 
prietors, or their deputies; and then not to continue longer in 
force but until the next biennial parliament, unless, in the mean 
time, it be ratified under the hands and seals of the palatine him- 
self, and three more of the lords proprietors themselves, and by 
their order published at the next biennial parliament. 

LXXVII. Any proprietor, or his deputy, may enter his pro- 
testation against any act of the parliament, before the palatine or 
his deputy's consent be given as aforesaid; if he shall conceive 
the said act to be contrary to this establishment, or any of these 
Fundamental Constitutions of the government. And in such 
case, after full and free debate, the several estates shall retire 
into four several chambers: the palatine and proprietors into 
one; the landgraves into another; the cassiques into another; 
and those chosen by the precincts into a fourth; and if the major 



1669/70] FUNDAMENTAL CONSTITUTIONS 163 

part of any of the four estates shall vote that the law is not agree- 
able to this establishment, and these Fundamental Constitutions 
of the government, then it shall pass no farther, but be as if it 
had never been proposed. 

LXXVIII. The quorum of the parliament shall be one-half of 
those who are members, and capable of sitting in the house that 
present session of parliament. The quorum of each of the 
chambers of parliament shall be one-half of the members of that 
chamber. 

LXXIX. To avoid multiplicity of laws, which by degrees 
always change the right foundations of the original government, 
all acts of parliament whatsoever, in whatsoever form passed or 
enacted, shall at the end of an hundred years after their enacting, 
respectively cease and determine of themselves, and without any 
repeal become null and void, as if no such acts or laws had ever 
been made. 

LXXX. Since multiplicity of comments, as well as of laws, have 
great inconvenience, and serve only to obscure and perplex; all 
manner of comments and expositions, on any part of these Fun- 
damental Constitutions, or any part of the common or statute 
law of Carolina, are absolutely prohibited. 

LXXXI. There shall be a registry in every precinct, wherei-n 
shall be enrolled all deeds, leases, judgments, mortgages, and 
other conveyances, which may concern any of the land within 
the said precinct; and all such conveyances, not so entered or 
registered, shall not be of force against any person or party to 
the said contract or conveyance. 

LXXXII. No man shall be register of any precinct who hath 
not at least three hundred acres of freehold within the said 
precinct. 

LXXXIII. The freeholders of every precinct shall nominate 
three men; out of which three, the chief justice's court shall 
choose and commission one to be register of the said precinct, 
whilst he shall well behave himself. 

LXXXIV. There shall be a registry in every signiory, barony, 
and colony, wherein shall be recorded all the births, marriages, 
and deaths, that shall happen within the respective signiories, 
baronies, and colonies. 

LXXXV. No man shall be register of a colony that hath not 
above fifty acres of freehold within the said colony. 



1 64 FUNDAMENTAL CONSTITUTIONS [March i/ii 

LXXXVI. The time of every one's age, that is born in Caro- 
lina, shall be reckoned from the day that his birth is entered in 
the registry, and not before. 

LXXXVII. No marriage shall be lawful, whatever contract 
and ceremony they have used, till both the parties mutually own 
it before the register of the place where they were married, and he 
register it, with the names of the father and mother of each party. 

LXXXVIII. No man shall administer to the goods, or have 
right to them, or enter upon the estate of any person deceased, 
till his death be registered in the respective registry. 

LXXXIX. He that doth not enter, in the respective registry, 
the birth or death of any person that is born, or dies, in his house 
or ground, shall pay to the said register one shilling per week 
for each such neglect, reckoning from the time of each birth, or 
death, respectively, to the time of registering it. 

XC. In like manner the births, marriages, and deaths, of the 
lords proprietors, landgraves, and cassiques, shall be registered 
in the chamberlain's court. 

XCI. There shall be in every colony one constable, to be 
chosen annually by the freeholders of the colony; his estate shall 
be above a hundred acres of freehold within the said colony, and 
such subordinate ofificers appointed for his assistance, as the 
county-court shall find requisite, and shall be established by the 
said county-court. The election of the subordinate annual offi- 
cers shall be also in the freeholders of the colony. 

XCII. All towns incorporate shall be governed by a mayor, 
twelve aldermen, and twenty-four of the common-council. The 
said common-council shall be chosen by the present householders 
of the said town; the aldermen shall be chosen out of the common- 
council; and the mayor out of the aldermen, by the palatine's 
court. 

XCIII. It being of great consequence to the plantation, that 
port- towns should be built and preserved; therefore whosoever 
shall lade or unlade any commodity at any other place but a port- 
town, shall forfeit to the lords proprietors, for each tun so laden 
or unladen, the sum of ten pounds sterling; except only such 
goods as the palatine's court shall license to be laden or unladen 
elsewhere. 

XCIV. The first port-town upon every river shall be in a 
colony, and be a port-town forever. 



1669/70] FUNDAMENTAL CONSTITUTIONS 165 

XCV. No man shall be permitted to be a freeman of Carolina, 
or to have any estate or habitation within it, that doth not ac- 
knowledge a God; and that God is publicly and solemnly to be 
worshipped. 

XCVI. [As the country comes to be suflficiently planted and dis- 
tributed into fit divisions, it shall belong to the parliament to 
take care for the building of churches, and the public mainten- 
ance of divines, to be employed in the exercise of religion, 
according to the Church of England; which being the only true 
and orthodox, and the national religion of all the king's domin- 
ions, is so also of Carolina; and therefore it alone shall be 
allowed to receive public maintenance, by grant of parliament.*] 

XCVII. But since the natives of that place, who will be con- 
cerned in our plantation, are utterly strangers to Christianity, 
whose idolatry, ignorance, or mistake, gives us no right to expel, 
or use them ill; and those who remove from other parts to plant 
there, will unavoidably be of different opinions concerning mat- 
ters of religion, the liberty whereof they will expect to have 
allowed them, and it will not be reasonable for us on this account 
to keep them out; that civil peace may be maintained amidst the 
diversity of opinions, and our agreement and compact with all 
men may be duly and faithfully observed; the violation whereof, 
upon what pretence soever, cannot be without great offence to 
Almighty God, and great scandal to the true religion, which we 
profess; and also that Jews, heathens, and other dissenters from 
the purity of the christian religion, may not be scared and kept 
at a distance from it, but by having an opportunity of acquainting 
themselves with the truth and reasonableness of its doctrines, 
and the peaceableness and inoffensiveness of its professors, may 
by good usage and persuasion, and all those convincing methods 
of gentleness and meekness, suitable to the rules and design of 
the gospel, be won over to embrace and unfeignedly receive the 
truth ; therefore any seven or more persons, agreeing in any- reli- 
gion, shall constitute a church or profession, to which they shall 
give some name, to distinguish it from others. 

* The following footnote is appended to this article in Locke's Works : " This 
article was not drawn up by Mr. Locke; but inserted by some of the chief of the 
proprietors, against his judgment ; as Mr. Locke himself informed one of his 
friends, to whom he presented a copy of these consiitutions." Cf. McCrady's 
Uist. of S. C. under the Prop. Gov., 104-106. 



1 66 FUNDAMENTAL CONSTITUTIONS [March i/ii 

XCVIII. The terms of admittance and communion with any 
church or profession shall be written in a book, and therein be 
subscribed by all the members of the said church or profession; 
which book shall be kept by the public register of the precinct 
wherein they reside. 

XCIX. The time of every one's subscription and admittance 
shall be dated in the said book or religious record. 

C. In the terms of communion of every church or profession, 
these following shall be three; without which no agreement or 
assembly of men, upon pretence of religion, shall be accounted 
a church or profession within these rules : 

1. "That there is a GOD. 

2. "That GOD is publicly to be worshipped. 

3. "That it is lawful, and the duty of every man, being there- 
unto called by those that govern, to bear witness to truth; and 
that every church or profession shall in their terms of communion 
set down the external way whereby they witness a truth as in the 
presence of GOD, whether it be by laying hands on, or kissing 
the Bible, as in the Church of England, or by holding up the 
hand, or any other sensible way." 

CI. No person above seventeen years of age shall have any 
benefit or protection of the law, or be capable of any place of 
profit or honour, who is not a member of some church or profes- 
sion, having his name recorded in some one, and but one religious 
record at once. 

CII. No person of any other church or profession shall dis- 
turb or molest any religious assembly. 

CIII. No person whatsoever shall speak any thing in their 
religious assembly, irreverently or seditiously of the governmeiit 
or governors, or of state-matters. 

*********** 

CVI. No man shall use any reproachful, reviling, or abusive 
language, against any religion of any church or profession; that 
being the certain way of disturbing the peace, and of hindering 
the conversion of any to the truth, by engaging them in quarrels 
and animosities, to the hatred of the professors and that profes- 
sion, which otherwise they might be brought to assent to. 

CVII. Since charity obliges us to wish well to the souls of all 
men, and religion ought to alter nothing in any man's civil estate 
or right, it shall be lawful for slaves, as well as others, to enter 



1669/70] FUNDAMENTAL CONSTITUTIONS 1 6/ 

themselves, and be of what church or profession any of them 
shall think best, and thereof be as fully members as any freeman. 
Kut yet no slave shall hereby be exempted from that civil do- 
minion his master hath over him, but be in all other things in 
the same state and condition he was in before. 

CVIII. Assemblies, upon what pretence soever of religion, 
not observing and performing the abovesaid rules, shall not be 
esteemed as churches, but unlawful meetings, and be punished 
as other riots. 

CIX. No person whatsoever shall disturb, molest, or persecute 
another for his speculative opinions in religion, or his way of 
worship. 

ex. Every freeman of Carolina shall have absolute power and 
authority over his negro slaves, of what opinion or religion soever. 

CXI. No cause, whether civil or criminal, of any freeman, 
shall be tried in any court of judicature, without a jury of his 
peers. 

CXII. No person whatsoever shall hold or claim any land in 
Carolina by purchase or gift, or otherwise, from the natives or 
any other whatsoever; but merely from and under the lords pro- 
prietors; upon pain of forfeiture of all his estate, moveable or 
immoveable, and perpetual banishment. 

CXIII. Whosoever shall possess any freehold in Carolina, 
upon what title or grant soever, shall, at the farthest from and 
after the year one thousand six hundred eighty-nine, pay yearly 
unto the lords proprietors, for each acre of land, English measure, 
as much fine silver as is at this present in one English penny, or 
the value thereof, to be as a chief rent and acknowledgment to 
the lords proprietors, their heirs and successors for ever. And 
it shall be lawful for the palatine's court by their officers, at any 
time, to take a new survey of any man's land, not to out \^otisf\ 
him of any part of his possession, but that by such a survey the 
just number of acres he possesseth may be known, and the rent 
thereupon due may be paid by him. 

CXIV. All wrecks, mines, minerals, quarries of gems, and 
precious stones, with pearl-fishing, whale-fishing, and one half 
of all ambergris, by whomsoever found, shall wholly belong to 
the lords proprietors. 

CXV. All revenues and profits belonging to the lords proprie- 
tors, in common, shall be divided into ten parts, whereof the 



1 68 THIRD NAVIGATION ACT [1672 

palatine shall have three, and each proprietor one; but if the 
palatine shall govern by a deputy, his deputy shall have one of 
those three-tenths, and the palatine the other two-tenths. 

CXVI. All inhabitants and freemen of Carolina above seven- 
teen years of age, and under sixty, shall be bound to bear arms, 
and serve as soldiers whenever the grand council shall find it 
necessary. 

CXVII. A true copy of these Fundamental Constitutions shall 
be kept in a great book by the register of every precinct, to be 
subscribed before the said register. Nor shall any person of 
what degree or condition soever, above seventeen years old, have 
any estate or possession in Carolina, or protection or benefit of 
the law there, who hath not, before a precinct register, subscribed 
these Fundamental Constitutions in this form : 

" I A. B. do promise to bear faith and true allegiance to our 
sovereign lord King Charles the Second, his heirs and successors; 
and will be true and faithful to the palatine and lords proprietors 
of Carolina, their heirs and successors; and with my utmost 
power will defend them, and maintain the government according 
to this establishment in these Fundamental Constitutions." 

CXVIII. Whatsoever alien shall, in this form, before any pre- 
cinct register, subscribe these Fundamental Constitutions, shall 
be thereby naturalized. 

CXIX. In the same manner shall every person, at his admit- 
tance into any ofifice, subscribe these Fundamental Constitutions. 

CXX. These Fundamental Constitutions, in number a hundred 
and twenty, and every part thereof, shall be and remain the 
sacred and unalterable form and rule of government of Carolina 
for ever. . . . 



No. 34. Third Navigation Act 
1672 

The immediate object of the act of 1672 was to prevent the illegal trade in 
tobacco between the American colonies and the continent of Europe. Tobacco 
was one of the articles which, by the Navigation Act of 1660, could be exported 
only to England or to another colony; but the increasing demand for this 
product, together with the high price which must be paid for such tobacco as 
had paid customs duty in England, served to encourage smuggling and illicit 
trade. The distinguishing feature of the act of 1 672 is the requirement of a 



1672] THIRD NAVIGATION ACT 169 

bond that the " enumerated articles " would be landed in England, and the 
imposition of specified duties in case of failure of the merchant to comply. 

References. — I'ext in Statutes of the Realm, V., 792, 793. The act is 
cited as 25 Car. II., c. 7. The regulation of the trade in tobacco was the 
subject of various acts; these are enumerated and discussed in the works of 
Channing and Beer, cited under No. 22, ante. 

An Act for the incouragement of the Greeneland and Eastland 
Trades, and for the better secureing the Plantation Trade. 

[v.] And whereas by one Act passed in this present Parlyament 
in the twelfth yeare of your Majestyes Raigne entituled An Act 
for (*) encouragement of Shipping and Navigation, and by 
severall other Lawes passed since that time it is permitted to 
shipp, carry, convey and transport Sugar, Tobacco, Cotton-wooll, 
Indicoe, Ginger, Fusticke and all other Dying wood of the 
Growth, Production and Manufacture of any of your Majestyes 
Plantations in America, Asia or Africa from the places of their 
Growth Production and Manufacture to any other of your Majes- 
tyes Plantations in those Parts (Tangier onely excepted) and that 
without paying of Custome for the same either at ladeing or 
unladeing of the said Commodityes by meanes whereof the Trade 
and Navigation in those Commodityes from one Plantation to 
another is greatly increased, and the Inhabitants of diverse of 
those Colonies not contenting themselves with being supplyed 
with those Commodities for their owne use free from all Customes 
(while the Subjects of this your Kingdome of England have paid 
great Customes and Impositions for what of them hath beene 
spent here) but contrary to the expresse Letter of the aforesaid 
Lawes have brought into diverse parts of Europe great quantities 
thereof, and doe alsoe [daylyt] vend great quantities thereof to 
the shipping of other Nations who bring them into diverse parts 
of Europe to the great hurt and diminution of your Majestyes 
Customes and of the Trade and Navigation of this your King- 
dome; For the prevention thereof . . . bee it enacted . . . That 
from and after the first day of September which shall bee in the 
yeare of our Lord One thousand six hundred seaventy and three 
If any Shipp or Vessell which by Law may trade in any of your 
Majesties Plantations shall come to any of them to shipp and 
take on board any of the aforesaid Commodities, and that Bond 

* The in the original Ms. t Interlined in the Roll. 



lyo THIRD NAVIGATION ACT [1672 

shall not be first given with one sufficient Surety to bring the 
same to England or Wales or the Towne of Berwicke upon Tweede 
and to noe other place, and there to unloade and putt the same 
on shoare (the danger of the Seas onely excepted) that there shall 
be answered and paid to your Majestic your Heires and Succes- 
sors for soe much of the said Commodities as shall be laded and 
putt on board such Shipp or Vessell these following Rates and 
Dutyes, That is to say 

For Sugar White the hundred Weight containing one hundred 
and twelve pounds five shillings; 

And Browne Sugar and Muscavadoes the hundred weight con- 
taining one hundred and twelve pounds one shilling [and*] six 
pence ; 

For Tobacco the pound one penny; 
For Cotton-vvooll the pound one halfe-penny; 
For Indicoe the pound, two pence; 

For Ginger the hundred Weight containing one hundred and 
twelve pounds one shilling; 

For Logwood the hundred Weight containing one hundred and 
twelve pounds, five pounds. 

For Fusticke and all other Dying-wood the hundred Weight 
containing one hundred and twelve pounds six pence; 

And alsoe for every pound of Cacao-nutts one penny, to be 
leavyed, collected and paid at such places, and to such Collectors 
and other Officers as shall be appointed in the respective Planta- 
tions to collect, leavy and receive the same before the ladeing 
thereof, and under such Penalties both to the Officers and upon 
the Goods as for non-payment of, or defrauding his Majestic of 
his Customes in England. 

[VI.] And for the better collection of the severall Rates and 
Dutyes aforesaid imposed by this Act, Bee it enacted . . . That 
this whole business shall bee ordered and mannaged, and the 
severall Dutyes hereby imposed shall be caused to be leavyed by 
the Commissioners of the Customes in England, now and for the 
time being by and under the authoritie and directions of the 
Lord Treasurer of England or Commissioners of the Treasury 
for the Time being. 

*********** 

* (&= in the original. 



1676] QUINTIPARTITE DEED 171 

No. 35. Grant of New Jersey to Carteret 

July 29/August 8, 1674 

The territory granted to Berkeley and Carteret by the Duke of York, in 
1664 (No. 30), had not been divided. In March, 1673/4, Berkeley conveyed 
his undivided moiety to John Fenwick, a Quaker, in trust for Edward Byl- 
lynge, for ;^iooo. The grant of July, 1674, conlirming Carteret's interest in 
the original grant of 1664, made for the first time a division of New Jersey, 
and gave to Carteret the eastern portion of the province. 

References. — Text in Learning and Spicer's Grants, etc. (ed. 1881), 
46-48. 

[The conveyance recites the grant of June 29/July 9, 1674, to 
the Duke of York, and continues :] 

Now this indenture witnesseth, that his said Royal Highness 
James Duke of York, for and in consideration of a competent 
sum of good and lawful money of England to his Royal Highness 
in hand paid by the said Sir George Carteret . . . , by these 
presents doth grant, bargain, sell, release and confirm unto the 
said Sir George Carteret, his heirs and assigns for ever, all that 
tract of land adjacent to New England, and lying and being to 
the westward of Long Island and Manhitas Island, and bounded 
on the east part by the main sea, and part by Hudson's river, and 
extends southward as far as a certain creek called Barnegatt being 
about the middle, between Sandy Point and Cape May, and 
bounded on the west in a strait line from the said creek called 
Barnegatt, to a certain creek in Delaware river, next adjoining 
to and below a certain creek in Delaware river called Renkokus 
Kill, and from thence up the said Delaware river to the norther- 
most branch thereof, which is in forty one degrees and forty 
minutes of latitude; and on the north, crosseth over thence in a 
strait line to Hudson's river, in forty one degrees of latitude; 
which said tract of land is hereafter to be called by the name or 
names of New Caeserea or New Jersey 



No. 36. Quintipartite Deed 

July i/ii, 1676 

Shortly after the conveyance to Fenwick, in 1673/4, of Berkeley's undi- 
vided moiety of New Jersey (see "note to No. 35), a dispute arose between 



1/2 QUINTIPARTITE DEED [July i/ir 

Fenwick and Byllynge in regard to their respective interests. The matter was 
referred to the decision of William Penn, who awarded one-tenth to Fenwick 
and nine-tenths to Byllynge. In P'ebruary, 1674, Byllynge having failed in 
business, his share was conveyed to William Penn, Gawen Laurie, and 
Nicholas Lucas, for the benefit of his creditors. Fenwick's share was leased 
for one thousand years to John Eldridge and Edmond Warner, who conveyed 
it to Penn and his associates in order to enable the latter to make a new 
division of New Jersey with Carteret, the division made by Carteret's grant of 
1674 being thought inequitable. By this quintipartite deed, the province was 
divided into East and West New Jersey, East New Jersey being assigned to 
Carteret, but with boundaries somewhat different from those laid down in the 
grant of 1674. The proprietors of West New Jersey, still acting as trustees of 
Byllynge, reconveyed one-tenth of their share to Eldridge and Warner; and in 
1680 this division was confirmed by a new grant of West New Jersey from the 
Duke of York, in which, however, the governmental rights were reserved to 
Byllynge and his representatives. Fenwick still asserted rights in the prem- 
ises, and his efforts to maintain them led to protracted controversy with the 
proprietors, and with the authorities at New York. 

References. — I'ext in Learning and Spicer's Grmifs, etc. (ed. 1881), 
61-72 ; the same work contains the various deeds and conveyances enumer- 
ated above. On the controversy with Fenwick, see Hazard's Annals of Penn- 
sylvania, /\.igseq.; for the documents, see New Jersey Archives, I. 

[The deed recites the grant of 1664 to the Duke of York, the 
grant of the same year from the Duke of York to Berkeley and 
Carteret, the conveyance of March, 1673, from Berkeley to Fen- 
wick, and the agreement of February, 1674, between Fenwick, 
Byllinge, Penn, Lawry and Lucas, and continues:] And Whereas 
they the said Sir George Carteret, William Penn, Gawn Lawry, 
Nicholas Lucas and Edward Billinge; have agreed to make a 
partition between them of the said tract of land, and of the said 
several and respective premises whereof they now stand so seized 
as tenants in common as aforesaid, and it hath been agreed be- 
tween them, that the said Sir George Carteret shall have for his 
share and part of the said tract of land, and of the said several 
and respective premises to be holden by him . . . , and to be 
from henceforth called ... by the name of East New Jersey, all 
that easterly part ... of the said tract of land and premises, 
lying on the east side and eastward of a strait and direct line 
drawn thro' the said premises from north to south. . . . And 
that the said William Penn, Gawn Lawrie, and Nicholas Lucas, 
shall have their share and part of the said tract of land . . . , to 
be holden by them ... in severalty . . . , subject to the same 
trust for the benefit of the said Edward Billinge, as the said 



1676J QUINTIPARTITE DEED 1 73 

undivided tnoiety was subject, and to be from hencefortli called 
... by the name of West New Jersey, all that westerly part . . . 
of the said tract of land and premises, lying on the west side and 
westward of the aforesaid strait and direct line drawn thro' the 
said premises from north to south as aforesaid, as is hereafter 
also particularly described. Now these presents witness, that in 
pursuance and performance of the said before recited agreement, 
and for the better perfecting of the said, conditions are agreed 
to be made as aforesaid; and for and in consideration of five 
shillings to them the said William Penn, Gawn Lawry, Nicholas 
Lucas and Edward Billinge in hand paid by the said Sir George 
Carteret . . • , the said Edward Billinge . . . , William Penn, 
Gawn Lawry and Nicholas Lucas . . . do . . . convey unto the 
said Sir George Carteret, his heirs and assigns forever, all that 
easterly part ... of the said tract of land and premises so granted 
and conveyed by his said Royal Highness the said James Duke 
of York, unto the said John Lord Berkeley and Sir George 
Carteret as aforesaid, extending eastward and northward along 
the sea coast and the said river called Hudson's river, from the 
east side of a certain place or harbour lying on the southern part 
of the same tract of land, and commonly called or known in a 
map of the said tract of land, by the name of Little Egg Harbour, 
to that part of the said river called Hudson's river, which is in 
forty-one degrees of latitude, being the furthermost part of the 
said tract of land and premises which is bounded by the said 
river, and crossing over from thence in a strait line, extending 
from that part of Hudson's river aforesaid to the northermost 
branch, or part of the before mentioned river called Delaware 
river, and to the most northerly point or boundary of the said 
tract of land and premises, so granted by his said Royal Highness 
James Duke of York, unto the said Lord Berkeley and Sir George 
Carteret, now by the consent and agreement of the said parties 
to these presents, called and agreed to be called the north parti- 
tion point, and from . . . the said north partition point extending 
southward by a strait and direct line, drawn from the said north 
partition southward, thro' the said tract of land, unto the most 
southardly point of the east side of Little Egg Harbour aforesaid; 
which said most southardly point ... is now . . . called and 
agreed to be from henceforth called, the south partition point : 
and which said strait and direct line ... is now by the consent 



174 CONCESSIONS OF \WESTi^EW JERSEY [March 3/13 

and agreement of the said parties to these presents, called and 
agreed to be called, the line of partition, which is the line herein 
before mentioned to be intended ... for the dividing and mak- 
ing a partition or separation of the said easterly part . . . from 
the westerly part ... of the said tract of land and premises, so 
conveyed by his said Royal Highness aforesaid, in and by these 
presents intended to be . . . convey' d by the said Sir George 
Carteret unto the said William Penn, Gawn Lawry and Nicholas 
Lucas . . . ; which said easternly part ... is now . . . called and 
agreed from henceforth to be called, by the name of East New 
Jersey; . . . [And in further performance of the before-men- 
tioned agreement, and in consideration of a like sum of five 
shillings,] the said Sir George Carteret . . . doth by these presents 
. . . convey unto the said William Penn, Gawn Lawry, and 
Nicholas Lucas, and to their heirs and assigns forever, all that 
westerly part ... of the said tract of land and premises so granted 
by his said Royal Highness, the said James Duke of York, unto 
the said John Lord Berkley and Sir George Carteret, as aforesaid; 
and which said westerly part . . . is . . . extending southward 
and westward, and northward along the sea coast, and the before 
mentioned bay and river commonly called and known by the 
name or names of Delaware bay and Delaware river, from the 
said south partition point before mentioned . . . , unto the said 
north partition point . . . ; and from . . . the said north parti- 
tion point, extending southward unto the said south partition 
point, ... by the said before mentioned strait and direct line 
called the line of partition . . . ; all which said westerly part 
. . . [is] called and agreed from henceforth to be called by the 
name of West Jersey. . . . 



No. 37. Concessions and Agreements of 
West New Jersey 

March 3/13, 1676/7 

The Concessions and Agreements of West New Jersey, signed by 151 of 
the proprietors, freeholders, and inhabitants, were probably in large part the 
work of William Penn, and are interesting, aside from their liberal provisions, 
as the earliest example of Quaker legislation in America. 



1676/7] CONCESSIONS OF WEST NEW JERSEY 175 

References. — l^ext in Learning and Spicer's Grants, etc. (ed. 1881), 
382-411. The laws passed in West New Jersey, 1681-1701, are in ib., 423- 
5S7. 

The Concessions and Agreements of the Proprietors, Free- 
holders AND Inhabitants of the Province of West New 
Jersey, in America. 

[Chapters I. -III. provide for the appointment of commissioners 
to administer the affairs of the province until the meeting of a 
general assembly. Chapters IV. -XII. contain provisions regard- 
ing the allotment, survey, registration, and possession of land, 
quit-rents, taxation, etc., similar to those in the Concessions of 
1665 (No. 31).] 

Chapter XIII. That these following Concessions ai-e the Co?n- 
mon Law, or Fundamental Rights, of the Pfovince of West New 
Jersey. 

That the common law or fundamental rights and privileges of 
West New Jersey, are individually agreed upon by the Proprietors 
and freeholders thereof, to be the foundation of the government, 
which is not to be altered by the Legislative authority, or free 
Assembly hereafter mentioned and constituted, but that the said 
Legislative authority is constituted according to these funda- 
mentals, to make such laws as agree with, and maintain the said 
fundamentals, and to make no laws that in the least contradict, 
differ or vary from the said fundamentals, under what pretence 
or alligation soever. 

Chapter XIV. But if it so happen that any person or persons 
of the said General Assembly, shall therein designedly, willfully, 
and maliciously, move or excite any to move, any matter or thing 
whatsoever, that contradicts or any ways subverts, any funda- 
mentals of the said laws in the Constitution of the government 
of this Province, it being proved by seven honest and reputable 
persons, he or they shall be proceeded against as traitors to the 
said government. 

Chapter XV. That these Concessions, law or great charter of 
fundamentals, be recorded in a fair table, in the Assembly House, 
and that they be read at the beginning and dissolving of every 
general free Assembly : And it is further agreed and ordained, 
that the said Concessions ... be writ in fair tables, in every 
common hall of justice within this Province, and that they be 



176 CONCESSIONS OF WEST NEW JERSEY [March 3/13 

read in solemn manner four times every year, in the presence of 
the people, by the chief magistrates of those places. 

[Chapter XVI. guarantees full liberty of religious faith and 
worship.] 

Chapter XVII. That no Proprietor, freeholder or inhabitant 
of the said Province of West New Jersey, shall be deprived or 
condemned of life, limb, liberty, estate, property or any ways 
hurt in his or their privileges, freedoms or franchises, upon any 
account whatsoever, without a due tryal, and judgment passed by 
twelve good and lawful men of his neighbourhood first had : And 
that in all causes to be tryed, and in all tryals, the person or per- 
sons, arraigned may except against any of the said neighbour- 
hood, without any reason rendered, (not exceeding thirty five) 
and in case of any valid reason alleged, against every person 
nominated for that service. 

Chapter XVIII. And that no Proprietor, freeholder, free- 
denison, or inhabitant in the said Province, shall be attached, 
arrested, or imprisoned, for or by reason of any debt, duty, or 
thing whatsoever (cases felonious, criminal and treasonable ex- 
cepted) before he or she have personal summon or summons, left 
at his or her last dwelling place, if in the said Province, by some 
legal authorized ofhcer, constituted and appointed for that pur- 
pose, to appear in some court of judicature for the said Province, 
with a full and plain account of the cause ©r thing in demand, 
as also the name or names of the person or persons at whose suit, 
and the court where he is to appear, and that he hath at least 
fourteen days time to appear and answer the said suit, if he or 
she live or inhabit within forty miles English of the said court, 
and if at a further distance, to have for every twenty miles, two 
days time more, for his and their appearance, and so proportion- 
ably for a larger distance of place. 

That upon the recording of the summons, and non appearance 
of such person and persons, a writ or attachment shall or may 
be issued out to arrest, or attach the person or persons of such 
defaulters, to cause his or their appearance in such court, return- 
able at a day certain, to answer the penalty or penalties, in such 
suit or suits; and if he or they shall be condemned by legal tryal 
and judgment, the penalty or penalties shall be paid and satisfied 
out of his or their real or personal estate so condemned, or cause 
the person or persons so condemned, to lie in execution tiU 



1676/7] CONCESSIONS OV WEST NEW JERSEY 177 

satisfaction of the debt and damages be made. [Provided, that 
in case the estate be not sufificient to pay the said penalties, the 
person convicted may, on proof of the fact, be discharged from 
imprisonment.] 

Chapter XIX, That there shall be in every court, three jus- 
tices or commissioners, who shall sit with the twelve men of the 
neighborhood, with them to hear all causes, and to "assist the said 
twelve men ... in case of lawj and that they the said justices 
shall pronounce such judgment as they shall receive from, and 
be directed by the said twelve men, in whom only the judgment 
resides, and not otherwise. 

And in case of their neglect and refusal, that then one of the 
twelve, by consent of the rest, pronounce their own judgment as 
the justices should have done. 

And if any judgment shall be past, in any case civil or criminal, 
by any other person or persons, or any other way, then [f/ian] 
according to this agreement and appointment, it shall be held 
null and void, and such person or persons so presuming to give 
judgment, shall be severely fin'd, and upon complaint made to 
the General Assembly, by them be declared incapable of any 
office or trust within this Province. 

Chapter XX. That in all matters and causes, civil and 
criminal, proof is to be made by the solemn and plain averment, 
of at least two honest and reputable persons; and in case that 
any person or persons shall bear false witness, and bring in his 
or their evidence, contrary to the truth of the matter as shall be 
made plainly to appear, that then every such person or persons, 
shall in civil causes, suffer the penalty which would be due to the 
person or persons he or they bear witness against. And in case 
any witness or witnesses, on the behalf of any person or persons, 
indicted in a criminal cause, shall be found to have born false 
witness for fear, gain, malice or favour, and thereby hinder the 
due execution of the law, and deprive the suffering person or 
persons of their due satisfaction, that then and in all other cases 
of false evidence, such person or persons, shall be first severely 
fined, and next that he or they shall forever be disabled from 
being admitted in evidence, or into any publick office, employ- 
ment, or service within this Province. 

[Chapter XXI. provides that prosecutions in criminal cases, 
except treason, murder and felony, may be dismissed by the com- 
plainant at any stage of the proceedings.] 



178 CONCESSIONS OF WEST NEW JERSEY [March 3/13 

Chapter XXII. That the tryals of all causes, civil and 
criminal, shall be heard and decided by the virdict or judgment 
of twelve honest men of the neighbourhood, only to be summoned 
and presented by the sheriff of that division, or propriety where 
the fact or trespass is committed; and that no person or persons 
shall be compelled to fee any attorney or counciller to plead his 
cause, but that all persons have free liberty to plead his own 
cause, if he please : And that no person nor persons imprisoned 
upon any account whatsoever within this Province, shall be 
obliged to pay any fees to the officer or officers of the said prison, 
either when committed or discharged. 

Chapter XXIII. That in all publick courts of justice for 
tryals of causes, civil or criminal, any person or persons, inhabit- 
ants of the said Province may freely come into, and attend the 
said courts, and hear and be present, at all or any such tryals as 
shall be there had or passed, that justice may not be done in a 
corner nor in any covert manner, being intended and resolved, 
by the help of the Lord, and by these our Concessions and Fun- 
damentals, that all and every person and persons inhabiting the 
said Province, shall, as far as in us lies, be free from oppression 
and slavery. 

[Chapter XXIV. provides for the registry of deeds, mortgages, 
and other muniments of title.] 

[Chapter XXV. provides for the trial of cases in which Indians 
are parties.] 

Chapter XXVI. It is agreed when any land[s] is to be taken 
up for settlements of towns, or otherways, before it be surveyed, 
the commissioners or the major part of them are to appoint 
some persons to go to the chief of the natives concerned in that 
land, so intended to be taken up, to acquaint the natives of their 
intention, and to give the natives what present they shall agree 
upon, for their good will or consent, and take a grant of the same 
in writing, under their hands and seals, or some other publick 
way used in those parts of the world; which grant is to be regis- 
tered in the publick register, allowing also the natives (if they 
please) a copy thereof, and that no person or persons, take up 
any land, but by order from the commissioners, for the time 
being. 

Chapter XXVII. That no ship master or commander of any 
ship or vessel, shall receive into his ship or vessel, to carry unto 



1676/7] CONCESSIONS OF WEST NEW JERSEY 1^9 

any other nation, country or plantation, any person or persons 
whatsoever, without a certificate first had and obtained under the 
hands and seals of the commissioners, or any two of them, that 
the said person or persons are clear, and may be taken on board, 
signifying that the said person or persons names have been put 
up at three public places of the Province, appointed by the com- 
missioners for that purpose, for the space of three weeks giving 
notice of his or their intention to transport themselves. 

Chapter XXVIII. That Men may peaceably and quietly 
ENJOY their Estates, 

It is agreed if any person or persons shall steal, rob, or take 
any goods or chatties, from or belonging to any person or persons 
whatsoever, he is to make restitution two fold out of his or their 
estate; and for want of such estate, to be made to work for his 
theft, for such time and times as the nature of the offence doth 
require, or until restitution be made double for the same, or as 
twelve men of the neighbourhood shall determine, being appointed 
by the commissioners, not extending either to life or limb. 

If any person or persons, shall willfully beat, hurt, wound, 
assault, or otherways abuse the person or persons of any man, 
woman, or child, they are to be punished according to the nature 
of the offence, which is to be determined by twelve men of the 
neighbourhood, appointed by the commissioners. 

[Chapter XXIX. relates to the settlement of estates, and the 
care of orphan children.] 

Chapter XXX. In Case when any Person or Persons kill 

OR DESTROY THEMSELVES, OR BE KILLED BY ANY OTHER THING. 

It is agreed if any man or woman shall wilfully put hand and 
kill him or herself, the estate of such person or persons, is not 
to be forfeited, but the kindred, heirs or such other as of right 
the estate belongs to, may enjoy the same : Or if any beast or 
ship, boat or other thing, should occasion the death of any person 
or persons, nevertheless the said beast, ship, boat, or other thing 
is not to be forfeited, but those to whom they belong may enjoy 
the same. Provided ahvays, that the said beast did not wilfully 
kill the said person, or hath been known to attempt or addicted 
to mischief, or hath been found to hurt or kill any person; then 
the said beast is to be killed. 

Chapter XXXI. All such person or persons as shall be upon 
tryal found guilty of murder, or treason, the sentence and way of 



l8o CONCESSIONS OF WEST NEW JERSEY [March 3/13 

execution thereof, is left to the General Assembly to determine as 
they in the wisdom of the Lord shall judge meet and expedient. 

The General Assembly and their Power. 

Chapter XXXII. That so soon as divisions or tribes, or other 
such like distinctions are made; that then the inhabitants, free- 
holders, and Proprietors, resident upon the said Province, or 
several and respective tribes, or divisions or distinctions afore- 
said, do yearly and every year meet on the first day of October, 
or the eight month, and choose one Proprietor or freeholder for 
each respective propriety in the said Province, (the said Province 
being to be divided into one hundred proprieties) to be deputies, 
trustees, or representatives for the benefit, service and behoof of 
the people of the said Province : which body of Deputies, trustees 
or representatives, consisting of one hundred persons, chosen as 
aforesaid, shall be the general, free and supream assembly of the 
said Province for the year ensuing and no longer. And in case 
any member of the said Assembly during the said year, shall 
decease or otherwise be rendered incapable of that service, that 
then the inhabitants of the said propriety, shall elect a new 
member to serve in his room for the remainder of the said year. 

Chapter XXXIII. And to the end the respective Mem- 
bers OF THE Yearly Assembly to be chosen may be regularly 

AND impartially ELECTED. 

That no person or persons who shall give, bestow or promise 
directly or indirectly to the said parties electing, any meat, 
drink, money or money's worth, for procurement of their choice 
and consent, shall be capable of being elected a member of the 
said Assembly. And if any person or persons, shall be at any 
time corruptly elected, and sufficient proof thereof made to the 
said Free Assembly, such person or persons . , . shall be reckoned 
incapable to choose or sit in the said Assembly, or execute any 
other public office of trust within the said Province, for the space 
of seven years thence next ensuing. And also that all such elec- 
tions as aforesaid, be not determined by the common and confused 
way of cry's and voices, but by putting balls into balloting boxes, 
to be provided for that purpose, for the prevention of all par- 
tiality, and whereby every man may freely choose according to 
his own judgment, and honest intention. 



1676/7] CONCESSIONS OF WEST NEW JERSEY 181 

Chapter XXXIV. To appoint their own times of meeting, 
and to adjourn their sessions from time to time (within the said 
year) to such times and places as they shall think fit and con- 
venient, as also to ascertain the number of their quorum, pro- 
vided such numbers be not less than one half of the whole, in 
whom (or more) shall be the full power of the General Assembly; 
and that the votes of two thirds of the said quorum, or more of 
them if assembled together as aforesaid, shall be determinative 
in all cases whatsoever coming in question before them, consonant 
and conformable to these Concessions and fundamentals. 

Chapter XXXV. That the said Proprietors and freeholders 
at their choice of persons to serve them in the General and Free 
Assembly of the Province, give their respective Deputies or 
trustees, their instructions at large, to represent their grievances, 
or for the improvement of the Province : And that the Persons 
chosen, do by indentures under hand and seal, covenant and 
oblige themselves to act nothing in that capacity but what shall 
tend to the fit service and behoof of those that send and employ 
them; and that in case of failer of trust, or breach of covenant, 
that they be questioned upon complaint made, in that or the 
next Assembly, by any of their respective electors. 

And that each member of the Assembly chosen as aforesaid, 
be allowed one shilling per day, during the time of the sitting 
of the Assembly, that thereby he may be known to be the servant 
of the people : which allowance ... is to be paid him by the 
inhabitants of the propriety or division that shall elect him. 

Chapter XXXVI. That in every General Free Assembly, 
every respective member hath liberty of speech; that no man be 
interrupted when speaking; that all questions be stated with 
deliberation and liberty for amendments; that it be put by the 
chairman, by them to be chosen, and determined by plurality of 
votes. Also that every member has power of entering his protest 
and reasons of protestations. And that if any member of such 
Assembly shall require to have the persons names registered, 
according to their yea's and no's, that it be accordingly done: 
And that after debates are past, and the question agreed upon, 
the doors of the house be set open, and the people have liberty 
to come in to hear and be witnesses of the votes, and the inclina- 
tions of the persons voting. 

Chapter XXXVII. And that the said Assembly do elect, con- 



1^2 CONCESSIONS OF WEST NEW JERSEY [March 3/13 

stitute and appoint ten honest and able men, to be Commissioners 
of State, for managing and carrying on the affairs of the said 
Province, according to the law therein established, during the 
adjournments and desolutions of the said General free Assembly, 
for the concervation and tranquility of the same. 

Chapter XXXVIII. That it shall be lawful for any person or 
persons during the session of any General Free Assembly in that 
Province, to address, remonstrate or declare any suffering, danger 
or grievance, or to propose, tender or request any privilege, profit, 
or advantage to the said Province, they not exceeding the number 
of one hundred persons. 

Chapter XXXIX. To enact and make all such laws, acts and 
constitutions as shall be necessary for the well government of 
the said Province, (and them to repeal) provided that the same 
be, as near [as] may be conveniently, agreeable to the primitive, 
antient and fundamental laws of the nation of England. Pro- 
vided also, that they be not against any of these our Concessions 
and fundamentals before or hereafter mentioned. 

Chapter XL. By act as aforesaid, to constitute all courts, 
together with the limits, powers, and jurisdictions of the same, 
(consonant to these Concessions) as also the several judges, 
officer and number of officers belonging to each court, to continue 
such time as they shall see meet, not exceeding one year or two 
at the most, with their respective sallaries, fees and perquisites, 
and their appellations, with the penalties that shall be inflicted 
upon them, for the breach of their several and respective duties 
and trusts. And that no person or persons whatsoever, inhabit- 
ants of the said Province, shall sustain or bear two offices in the 
said Province, at one and at the same time. 

Chapter XLI. That all the justices and constables be chosen 
by the people and all commissioners of the publick seals, treas- 
uries, and chief justices, embassdors, and collectors be chosen by 
the General Free Assembly, 

Chapter XLII. That the commissioners of the treasury of 
the said Province, bring in their account at the end of their year, 
unto the General Free Assembly, there to be seen and adjusted; 
and that every respective member, carry a copy thereof, unto that 
hundred of [or] propriety he serves, for to be registered in the 
capital publick court of that propriety. 

Chapter XLIII. By act as aforesaid, to lay equal taxes and 



i6Bo/8i] CHARTER OF PENNSYLVANIA 183 

assessments, and equally to raise money's or goods, upon all lands 
or persons, within the several proprieties, precincts, hundreds, 
tribes, or whatsoever other divisions shall hereafter be made and 
established in the said Province, as oft as necessity shall require, 
and in such manner as to them shall seem most equal and easy 
to the inhabitants, in order to the better supporting of the pub- 
lick charge of the said government, as also for the publick benefit 
and advantage of the said people and Province. 

Chapter XLIV. By act as aforesaid, to subdivide the said 
Province into hundreds, proprieties, or such other divisions, and 
distinctions, as they shall think fit; and the said divisions, to 
distinguish by such names as shall be thought good; as also 
within the said Province, to direct and appoint places, for such 
and so many towns, cities, ports, harbours, creeks, and other 
places, for the convenient loading and unloaden of goods and 
merchandize, out of the ships, boats and other vessels, as shall 
be expedient, with such jurisdictions, privileges and franchises, 
to such cities, ports, harbours, creeks, or other places, as they 
shall judge most conducing to the general good of the said Prov- 
ince, and people thereof; and to erect, raise and build within 
the said Province, or any part thereof, such and so many market 
towns, and villages, and also appoint such and so many markets, 
and fairs, and in such place and places as they shall see meet, 
from time to time, as the grant made and assigned unto the said 
Proprietors will permit and admitt. 



No. 38. Charter of Pennsylvania 

March 4/14, 1680/81 

The connection of William Penn with the colonies of East and West New 
Jersey is referred to elsewhere (see notes to Nos. 36, 37, and 39). Penn 
inherited from his father, Admiral Penn, a claim of some ;^i 6,000 against the 
King, Charles II. It was to satisfy this claim, as well as to found a colony 
under Quaker rule, that Penn petitioned, in June, 1680, for a grant of land in 
America. The petition indicated the extent of the desired grant; but experi- 
ence had made the colonial authorities in England cautious, and Penn's appli- 
cation, though favored by the King and the Duke of York, was carefully 
considered. The representatives of the Duke and of Lord Baltimore were 
consulted, and took a prominent part in the negotiations ; but in December 
the attorney-general reported that the proposed grant did not interfere with 



1 84 CHARTER OF PENNSYLVANIA [March 4/14 

their territorial claims. The boundaries were approved Jan. 15/25, 1680/81, 
and March 4/14 the charter was issued. The original draft of the charter, 
drawn up by Penn on the model of the charter of Maryland, was revised by 
Chief Justice North, and important modifications introduced. A royal proc- 
lamation of April 2-12 announced the issuance of the charter, and com- 
manded obedience to its provisions. Penn shortly issued a pamphlet setting 
forth the advantages of the region, and the conditions of settlement. In 
August, 1682, he obtained from the Duke of York a quit-claim deed of the 
territory included in Pennsylvania, and two deeds of feofment, one of New- 
castle, with the land within a twelve-mile circuit about it, and the other of the 
land between Newcastle and Cape Henlopen. 

References. — Text in Chai-ter and Laws of Pennsylvania (Harrisburg, 
1879), 81-90. An abstract of Penn's proposals is in Hazard's Annals of Penn- 
sylvania, 505-513 ; the deeds from the Duke of York are also in ib., 586-593. 
For the early documentary history, see Votes of Assembly, I. ; Colonial Records, 
I.; Hazard's Pennsylvania Archives^ I. Shepherd's Flistory of Proprietary 
Government in Pentisylvania (Columbia Coll. Studies, VI.), is of prime 
importance; see also Hazard's Annals, and Proud's Pennsylvania, I. 

CHARLES THE SECOND [&c.]. . . . Whereas our Trustie 
and well beloved Subject, William Penn, Esquire, sonn and heire 
of Sir William Penn, deceased, out of a commendable desire to 
enlarge our English Empire, and promote such usefull comodities 
as may bee of benefitt to us and our Dominions, as alsoe to reduce 
the Savage Natives by gentle and just manners to the love of 
civill Societie and Christian Religion hath humbley besought 
leave of us to transport an ample colonic unto a certaine Countrey 
hereinafter described in the partes of America not yet cultivated 
and planted. And hath likewise humbley besought our Royall 
Majestic to give, grant, and confirme all the said Countrey with 
certaine priviledges and Jurisdiccons requisite for the good Gov- 
ernment and safetie of the said Countrey and Colonic, to him 
and his heirs forever. Knowe yee, therefore, that wee, favouring 
the petition and good purpose of the said William Penn, and 
haveing regard to the memorie and meritts of his late father, in 
divers services, and perticulerly to his Conduct, courage and dis- 
cretion under our dearest brother, James, Duke of yorke, in that 
signall Battell and victorie, fought and obteyned against the 
Dutch fieete, comanded by the Herr Van Obdam, in the yeare 
One thousand six hundred sixtie-five, In consideration thereof 
... by this Our present Charter, for us. Our heires and succes- 
sors. Doe give and grant unto the said William Penn, his heires 
and assignes All that Tract or parte of land in America, with all 



i68o/8i] CHARTER OF PENNSYLVANIA 1 85 

the Islands therein conteyned, as the same is bounded on the 
East by Delaware River, from twelve miles distance, Northwarde 
of New Castle Towne unto the three and fortieth degree of 
Northerne Latitude if the said River doeth extend soe farre 
Northwards; But if the said River shall not extend soe farre 
Northward, then by the said River soe farr as it doth extend, and 
from the head of the said River the Easterne Bounds are to bee 
determined by a Meridian Line, to bee drawne from the head of 
the said River unto the said three and fortieth degree, The said 
lands to extend westwards, five degrees in longitude, to bee com- 
puted from the said Eastern Bounds, and the said lands to bee 
bounded on the North, by the beginning of the three and fortieth 
degree of Northern latitude, and on the South, by a Circle 
drawne at twelve miles, distance from New Castle Northwards, 
and Westwards unto the beginning of the fortieth degree of 
Northerne Latitude; and then by a streight Line westwards, to 
the Limitt of Longitude above menconed. Wee Doe also give 
and grant unto the said William Penn, his heires and assignes, 
the free and undisturbed use, and continuance in and passage 
into and out of all and singuler Ports, harbours, Bayes, waters, 
Rivers, Isles and Inletts, belonging unto or leading to and from 
the Countrey, or Islands aforesaid; . . . and him the said Wil- 
liam Penn, his heires and Assignes, Wee do, by this our Royall 
Charter . . . make. Create and Constitute the true and absolute 
Proprietaries of the Countrey aforesaid, and of all other, the 
premisses, saving alwayes to us . . . the faith and allegiance oi 
the said William Penn, his heirs and assignes, and of all other, 
the proprietaries, Tenants and Inhabitants that are, or shall be 
within the Territories and Precincts aforesaid; and Saving also 
unto us . . . the Sovreignity of the aforesaid Countrey. ... To 
bee holden of us, our heires and Successors, Kings of England, 
as of our Castle of Windsor, in our County of Berks, in free and 
comon socage by fealty only for all services, and not in Capite 
or by Knights service, Yeelding and paying therefore . . . two 
beaver Skins to bee delivered att our said Castle of Windsor, on 
the first day of Januarie, in every yeare; and also the fifth parte 
of all Gold and Silver Oare, which shall from time to time happen 
to be found within the Limitts aforesaid, cleare of all Charges, 
and . . . wee doe hereby erect the aforesaid Countrey and Islands, 
into a Province and Seigniorie, and doe call itt Pensilvania . . . , 



1 86 CHARTER OF PENNSYLVANIA [March 4/14 

And forasmuch as wee have hereby made and ordeyned the afore- 
said William Penn, his heires and assignes, the true and absolute 
Proprietaries of all the Lands and Dominions aforesaid. Know 
yee therefore, that wee reposing speciall trust and Confidence in 
the fidelitie, wisdome, Justice, and provident circumspeccon of 
the said William Penn . . . , Doe grant free, full and absolute 
power, by vertue of these presents to him and his heires, and to 
his and their Deputies, and Lieutenants, for the good and happy 
government of the said Countrey, to ordeyne, make. Enact and 
under his and their Scales to publish any Lawes whatsoever, for 
the raising of money for the publick use of the said province, or 
for any other End apperteyning either unto the publick state, 
peace, or safety of the said Countrey, or unto the private utility 
of perticular persons, according unto their best discretions, by 
and with the advice, assent and approbacon of the freemen of 
the said Countrey, or the greater parte of them, or of their Dele- 
gates or Deputies, whom for the Enacting of the said Lawes, 
when, and as often as need shall require. Wee will, that the 
said William Penn, and his heires, shall assemble in such sort 
and forme as to him and them shall seeme best, and the same 
Lawes duely to execute unto, and upon all people within the 
[the] said Countrey and limitts thereof; And wee doe likewise 
give and grant unto the said William Penn, and his heires, and 
to his and their Deputies and Lieutenants, such power and 
authoritie to appoint and establish any Judges, and Justices, 
Magistrates and Ofiicers whatsoever, for what Causes soever, for 
the probates of will and for the granting of Administracons 
within the precincts aforesaid, and with what power soever, and 
in such forme as to the said William Penn, or his heires, shall 
seeme most convenient. Alsoe, to remitt, release, pardon and 
abolish, whether before Judgement or after, all Crimes and 
Offences, whatsoever comitted within the said Countrey, against 
the said Lawes, Treason and wilfull and malicious Murder onely 
excepted; and in those Cases, to Grant Reprieves untill Our 
pleasure may bee knowne thereon, and to doe all and every other 
thing and things which unto the compleate establishment of Jus- 
tice unto Courts and Tribunals, formes of Judicature and manner 
of proceedings doe belong, altho' in these presents expresse 
mencon bee not made thereof; . . . Provided, Nevertheles, that 
the said Lawes bee consonant to reason, and bee not repugnant 



i68o/8i] CHARTER OF PENNSYLVANIA 1 8/ 

or contrarie, but as neare as conveniently may bee agreeable to 
the Lawes, Statutes and rights of this our Kingdome of England, 
And Saveing and reserving to us, Our heirs and Successors, the 
receiving, heareing and determining of the Appeale and Appeales, 
of all or any person or persons, of, in or belonging to the Terri- 
tories aforesaid, or touching any Judgement to bee there made 
or given . . . [In emergencies, the proprietor or his representa- 
tives may make ordinances without the consent of the freemen; 
the same to be agreeable to the laws of England,] and so as the 
said ordinances be not extended in any sort to bind, charge or 
take away the right or Interest of any person or persons, for or 
in their life, members, freehold, goods or Chattells; And our 
further will and pleasure is, that the Lawes for regulateing and 
governing of Propertie, within the said Province, as well for the 
descent and enjoyment of lands, as likewise for the enjoyment 
and succession of goods and Chattells, and likewise as to felonies, 
shall be and continue the same as shall bee for the time being, 
by the general course of the Law in our Kingdome of England, 
untill the said Lawes shall be altered by the said William Penn, 
his heires or assignes, and by the freemen of the said Province, 
their Delegates or Deputies, or the greater part of them. And 
to the End the said William Penn, or heires, or other, the 
Planters, Owners or Inhabitants of the said Province, may not 
att any time hereafter, by misconstrucon of the powers aforesaid, 
through inadvertiencie or designe, depart from that faith and due 
allegiance which by the Lawes of this our Realme of England, 
they and all our subjects, in our Dominions and Territories, 
always owe unto us. Our heires and successors, by colour of any 
extent or largenesse of powers hereby given, or pretended to bee 
given, or by force or colour of any lawes hereafter to bee made in 
the said Province, by vertue of any such powers. Our further 
will and pleasure is, that a transcript or Duplicate of all lawes 
which shall bee soe as aforesaid, made and published within the 
said province, shall within five yeares after the makeing thereof, 
be transmitted and delivered to the privy Councell, for the time 
being, of us, our heires and successors; And if any of the said 
Lawes within the space of six months, after that they shall be 
soe transmitted and delivered, bee declared by us, our heires or- 
successors, in our or their privy Councell, inconsistent with the 
sovereignety or lawfull prerogative of us, our heirs or successors, or 



1 88 CHARTER OF PENNSYLVANIA [March 4/14 

contrary to the faith and allegiance due by [/<?] the legal! Govern- 
ment of this realme, from the said William Penn, or his heires, 
or of the Planters and Inhabitants of the said province; and that 
thereupon any of the said Lawes shall bee adjudged and declared 
to bee void by us, our heirs or successors, under our or their 
Privy Scale, that then, and from thenceforth such Lawes concern- 
ing which such Judgement and declaracon shall be made, shall 
become voyd, otherwise the said lawes soe transmitted, shall 
remaine and stand in full force according to the true intent and 
meaneing thereof, . . . We Will alsoe, and by these presents 
for us, our heires and successors. Wee doe Give and grant licence 
by this our Charter, unto the said William Penn, his heires and 
assignes, and to all the inhabitants and dwellers in pvince afore- 
said, both present, and to come, to import or unlade by them- 
selves or theire Servants, ffactors or assignes, all merchandizes 
and goods whatsoever, that shall arise of the fruites and comodi- 
ties of the said province, either by Land or Sea, into any of the 
ports of us, our heires and Successors, in our kingdome of Eng- 
land, and not into any other countrey whatsoever. And Wee 
give him full power to dispose of the said goods in the said ports, 
and if need bee, within one yeare next after the unladeing of the 
same, to Lade the said Merchandizes and goodes again into the 
same or other shipps, and to export the same . into any other 
Countreys, either of our Dominions or fforreigne, according to 
Lawe : Provided alwayes, that they pay such custoraes and impo- 
sicons, subsidies and duties for the same to us, our heires and 
successors, as the rest of our subjects of our kingdome of Eng- 
land, for the time being shall be bound to pay, And doe observe 
the Acts of Navigation and other Lawes in that behalfe made. 
[Ports and places for lading and unlading to be established by 
the proprietor;] Provided, that the said William Penn and his 
heires, and the Lieutenants and Governors for the time being, 
shall admitt and retaine in and about all such ports, havens, 
Creeks and keyes, all officers and their Deputies, who shall from 
time to time be appointed for that purpose, by the ffarmers or 
Commissioners of our customes, for the time being. And Wee 
doe further appoint and ordaine . . . That he the said William 
penn, his heires and assignes, may from time to time forever, 
have and enjoy the Customes and Subsidies in the ports, harbours 
and other Creeks, and places aforesaid, within the pvince afore- 



i68o/8i] CHARTER OF PENNSYLVANIA 1 89 

said, payable or due for merchandizes and wares, there to be 
Laded and unladed, the said Customes and Subsidies to be 
reasonably assessed, upon any occasion by themselves, and the 
people there as aforesaid, to be assembled to whom wee Give 
power, by these presents for us, our heires and Successors, upon 
just cause, and in a due pporcon, to assesse and impose the 
same, Saveing unto us, our heires and Successors, such imposi- 
cons and customes as by Act of parliament are and shall be 
appointed; And it is further our will and pleasure, that the said 
William penn, his heires and assignes, shall from time to time 
constitute and appoint an Attorney or Agent, to reside in or neare 
our Citty of London, who shall make knowne the place where he 
shall dwell or may be found, unto the Clerks of Our privy Coun- 
sell, for the time being, or one of them, and shall be ready to 
appeare in any of our Courtts att Westminster, to Answer for any 
misdemeanors that shall be comitted, or by any wilfull default 
or neglect pmitted by the said William penn, his heirs or assignes, 
against our Lawes of Trade or Navigacon, and after it shall be 
ascertained in any of the our said Courts, what damages wee or 
our heires or successors shall have Sustained, by such default or 
neglect, the said William penn, his heires and assignes, shall 
pay the same within one yeare after such taxacon and demand 
thereof, from such Attorney, or in case there shall be noe such 
Attorney, by the space of one yeare, or such attorney shall not 
make payment of such damages, within the space of one yeare, 
and answer such other forfeitures and penalties within the said 
time, as by the Acts of parliament in England, are or shall be 
pvided, according to the true intent and meaneing of these 
presents : Then it shall be lawfull for us, our heiers and Succes- 
sors, to seize and Resume the government of the said pvince or 
Countrey, and the same to retain until payment shall be made 
thereof. But notwithstanding any such Seizure or resumption of 
the government, nothing concerning the propriety or ownership 
of any Lands, tenements or other hereditaments, or goods, or 
chattels of any of the Adventurers, planters or owners, other then 
the respective offenders there shall be anyway affected or molested 
thereby : provided alwayes . . . that neither the said William 
penn, nor his heires, nor any other the inh[a^]itants of the said 
pvince, shall at any time hereafter have or maintain any corre- 
spondence with any other King, pvince [_p>i7ice'\ or State, or with 



IQO GRANT OF EAST NEW JERSEY [March 14/24 

any of their subjects, who shall then be in warr against us, our 
heires or Successors; Nor shall the said William penn, or his heires, 
or any other the inhabitants of the said pvince, rriake warre or 
doe any" act of hostilitie against any other king, prince or State, 
or any of their Subjects, who shall then be in league or amity with 
us, our heires or Successors. . . . And further . . . Wee doe 
Covenant and grant to and with the said William Penn, and his 
heires and assignes. That Wee, our heires and Successors, shall 
att no time hereafter sett or make, or cause to be sett, any impos- 
sicon, custome or other taxacon, rate or contribucon whatsoever, 
in and upon the dwellers and inhabitants of the aforesaid pvince, 
for their Lands, tenements, goods or chattels, within the said 
province, or in and upon any goods or merchandize within the 
said pvince, or to be laden or unladen within the ports or har- 
bours of the said pvince, unles the same be with the consent of 
the pprietary, or chiefe Governor and assembly, or by Act of 
parliament in England. . . . And our further pleasure is, And 
Wee doe hereby, for us, our heires and Successors, charge and 
require that if any of the inhabitants of the said pvince, to the 
number of Twenty, shall att any time hereafter be desirous, and 
shall by any writeing or by any pson deputed for them, signify 
such their desire to the Bishop of London, that any preacher or 
preachers to be approved of by the said Bishop, may be sent unto 
them for their instruccon, that then such preacher or preachers, 
shall and may be and reside within the said pvince, without any 
deniall or molestacon whatsoever. . . . 



No. 39. Grant of East New Jersey 

March 14/24, 1682/3 

Upon the death of Carteret, in 1680, his interest in East New Jersey passed 
into the hands of the Earl of Sandwich and others, as trustees, for the benefit 
of his creditors. Sandwich rehnquished his interest, and the others conveyed 
the province to Thomas Cremer and Thomas Pocock, who in turn sold to 
Penn and eleven associates, in February, 168 1/2. The share of each of the 
proprietors was then divided, and twelve additional proprietors admitted as 
tenants in common. In March, 1682/3, the Duke of York executed a release 
to the twenty-four proprietors. A new frame of government, known as the 
Fundamental Constitutions, was shortly sent over by the proprietors; but the 
Assembly objected to it on the ground that it had not been duly enacted, and 



1682/3] GRANT OF EAST NEW JERSEY I9I 

was opposed to the Concessions and Agreements of 1665; and it was not put 
in operation. The patent of East New Jersey was surrendered in 1688, and 
both provinces, together with New York, were annexed to the New England 
government under Andros. 

References. — Text in Learning and Spicer's G7-ants, etc. (ed. 1881), 
141-150. The Fundamental Constitutions are in ib., 153-166, and also New 
Jersey Archives, I., 395-410. 

[The document recites the grant of 1664 to the Duke of York, 
the grant of the same year to Berkeley and Carteret, the grant of 
1674 to the Duke of York, the grant of the same year to Carteret, 
the division of the region into East and West New Jersey, and 
the subsequent transfers by which the share of Carteret passed 
into the possession of Penn, Barclay, and others, and continues :] 

Now these presents witness, that for and in consideration of a 
competent sum of lawful English money, unto his said Royal 
Highness in hand paid, and for the better extinguishing all such 
claims and demands as his said Royal Highness, or his heirs, 
may any wise have of or in the premises aforesaid, now called 
East New Jersey, or any part of them, and for the further and 
better settling and conveying, assuring and confirming of the 
same, and of every part thereof, according to the purport and 
true meaning of these presents, his said Royal Highness the said 
James Duke of York, ... by these presents, as far as in him 
lyeth, doth grant, bargain, sell, release and confirm unto the said 
James, Earl of Perth, John Drummond, Robert Barckly, David 
Barckly, Robert Gordon, Arent Sonmans, William Penn, Robert 
West, Thomas Rudyard, Samuel Groome, Thomas Hart, Richard 
Mew, Ambrose Rigg, John Haywood, Hugh Hartshorn, Clement 
Plumstead, Thomas Cooper, Gawn Lawry, Edward Byllynge, 
James Braine, William Gibson, Thomas Barker, Robert Turner 
and Thomas Warne, their heirs and assigns, all that part, share 
and portion ... of all that entire tract of land, and all those 
entire premisses so granted by his said Royal Highness, unto the 
said John Eord Berkely and Sir George Carteret, and their heirs, 
as in and by and upon the said partition was and were vested in 
the said Sir George Carteret and his heirs, and there agreed to 
be called by the name of East New Jersey . . . ; and all the 
estate, right, title, interest, reversion, remainder, claim and de- 
mand whatsoever, as well in law as in equity, of his said Royal 
Highness James, Duke of York, of, in, unto or out of the same, 



192 PENNSYLVANIA FRAME [April 25/May 5 

or any part or parcel of the same : as also the free use of all bays, 
rivers and waters, leading unto or lying between the said premises, 
or any of them, in the said parts of East New Jersey, for naviga- 
tion, free trade, fishing or otherwise, to have and to hold unto 
the said Earl of Perth , . . [and others] . . . , their heirs and 
assigns forever . . . , yielding and paying therefor yearly for the 
said whole entire premisses, unto his Royal Highness . . . , the 
yearly rent of ten nobles of lawful English money. . . . And 
these presents further witness, that for the better enabling the 
said Earl of Perth . . . [and others] ... to improve and plant 
the said premisses with people, andto exercise all necessary 
government there, whereby the said premisses may be the better 
improved, and made more useful to them . . . and to the King's 
Majesty, his said Royal Highness . . . doth by these presents 
give, grant, assign and transfer unto the said Earl of Perth . . . 
[and others] . . , , all and every such and the same powers, 
authorities, jurisdictions, governments, and other matters and 
things whatsoever, which by the said respective recited Letters 
Patents, or either of them, are or were granted, or intended to 
be granted, to be exercised by his said Royal Highness, his heirs, 
assigns, deputies, officers, or agents, in or upon, or in relation 
unto the said premisses, hereby confirmed . . . , and every of 
them, in case the same were now in the actual seisen of his Royal 
Highness. . . . 



No. 40. Frame of Government of Penn- 
sylvania 

April 25/May 5, 1682 

The first of the frames of government for Pennsylvania was drawn up by 
Penn and his associates in England. Accompanying the frame was a set of 
"laws agreed upon in England," to be altered or amended by the freemen. 
The first assembly met at Upland (Chester) in December, 1682, and adopted 
a code of laws known as the Great Law. The provincial council was not 
organized until March, 1683. 

References. — Text in Charter and Laws of Petinsylvania (ed. i879)> 
93-99. The laws agreed on in England are in Hazard's Annals of Pen7isyl- 
vania, 568-574 ; the Great Law is in ib , 619-634. On the various frames of 
government, see especially Shepherd's History of Proprietary Government, 
Pari II., chap. 4. 



i6S2] PENNSYLVANIA FRAME I93 

[The frame is prefaced by extended general observations on 
the origin, nature and end of civil government.] 

TO ALL PEOPLE, to whom these presents shall come. 
WHEREAS king Charles the second, by his letters patent, under 
the great seal of England; for the consideration therein men- 
tioned, hath been graciously pleased to give and grant unto me 
William Penn (by the name of William Penn, Esq, son and heir 
of Sir William Penn, deceased) and to my heirs and assigns for- 
ever, all that tract of land or province, called Pensylvania, in 
America, with divers great powers, preheminences, royalties, 
jurisdictions, and authorities, necessary for the well-being and 
government thereof : NOW KNOW YE, that for the well-being 
and government of the said province, and for the encouragement 
for [0/] all the freemen and planters that may be therein concerned, 
in pursuance of the powers aforementioned, I the said William 
Penn have declared, granted, and confirmed, and by these presents, 
for me, my heirs and assigns, do declare, grant and confirm unto 
all the freemen, planters and adventurers, of, in and to the said 
province, these liberties, franchises, and properties, to be held, 
enjoyed and kept by the freemen, planters, and inhabitants of 
the said province of Pennsylvania for ever. 

Imprimis. That the government of this province shall, accord- 
ing to the powers of the patent, consist of the Governor and 
freemen of the said province, in form of a Provincial Council 
and General Assembly, by whom all laws shall be made, officers 
chosen, and publick affairs transacted, as is hereafter respectively 
declared. That is to say. 

Second. That the freemen of the said province shall, on the 
twentieth day of the twelfth month, which shall be in this present 
year, one thousand six hundred eighty and tsvo, meet and assemble 
in some fit place, of which timely notice shall be beforehand 
given by the governor or his deputy, and then and there shall 
choose out of themselves seventy-two persons of most note for 
their wisdom, virtue and ability, who shall meet on the tenth day 
of the first month next ensuing, and always be called and act as 
the Provincial Council of the said province. 

Third. That at the first choice of sugh Provincial Council, 
one-third part of the said Provincial Council shall be chosen to 
serve for three years next ensuing; one-third part for two years 
then next ensuing, and one-third part for one year then next 



194 PENNSYLVANIA FRAME [April 25 /May 5 

following such election, and no longer; and that the said third 
part shall go out accordingly. And on the twentieth day of the 
twelfth month as aforesaid, yearly for ever afterwards, the freemen 
of the said province shall in like manner meet and assemble 
together, and then chuse twenty four persons, being one third of 
the said number, to serve in Provincial Council for three years. 
It being intended, that one third part of the whole Provincial 
Council (always consisting and to consist of seventy two persons, 
as aforesaid) falling off yearly, it shall be yearly supplied by such 
new yearly elections, as aforesaid; and that no one person shall 
continue therein longer than three years : and in case any member 
shall decease before the last election during his time, that then 
at the next election ensuing his decease, another shall be chosen 
to supply his place for the remaining time he was to have served, 
and no longer. 

Fourth. That after the first seven years, every one of the said 
third parts that goeth yearly off, shall be uncapable of being 
chosen again for one whole year following : that so all may be 
fitted for government, and have experience of the care and burden 
of it. 

Fifth. That the Provincial Council in all cases of [and] mat- 
ters of moment, as their arguing upon bills to be passed into 
laws, erecting courts of justice, giving judgment upon criminals 
impeached, and choice of officers, in such manner as is herein 
after mentioned; not less than two thirds of the whole Provincial 
Council shall make a quorum; and that the consent and approba- 
tion of two thirds of such quorum shall be had in all such cases 
and matters of moment. And moreover, that in all cases and 
matters of lesser moment, twenty-four members of the said Pro- 
vincial Council shall make a quorum, the majority of which 
twenty-four shall and may always determine in such cases and 
causes of lesser moment. 

Sixth. That in this Provincial Council, the governor or his 
deputy shall or may always preside, and have a treble voice; and 
the said Provincial Council shall always continue, and sit upon 
its own adjournments and committees. 

Seventh. That the governor and Provincial Council shall pre- 
pare and propose to the General Assembly hereafter mentioned, 
all bills which they shall at any time think fit to be passed into 
laws within the said province; which bills shall be published and 



1682] PENNSYLVANIA FRAME I95 

affixed to the most noted places in the inhabited parts thereof 
thirty days before the meeting of the General Assembly, in order 
to the passing them into laws or rejecting of them, as the General 
Assembly shall see meet. 

Eighth. That the governor and Provincial Council shall take 
care that all laws, statutes and ordinances, which shall at any 
time be made within the said province, be duly and diligently 
executed. 

Ninth. That the governor and Provincial Council shall at all 
times have the care of the peace and safety of the province, and 
that nothing be by any person attempted to the subversion of 
this frame of government. 

Tenth, That the governor and Provincial Council shall at all 
times settle and order the situation of all cities, ports and market 
towns in every county, modelling therein all public buildings, 
streets, and market places, and shall appoint all necessary roads 
and highways in the province. 

Eleventh. That the governor and Provincial Council shall at 
all times have power to inspect the management of the public 
treasury, and punish those who shall convert any part thereof to 
any other use, than what hath been agreed upon by the governor. 
Provincial Council and General Assembly. 

Twelfth. That the governor and Provincial Council shall erect 
and order all publick schools, and encourage and reward the 
authors of useful sciences and laudable inventions in the said 
province. 

Thirteenth. That for the better management of the powers and 
trust aforesaid, the Provincial Council shall from time to time 
divide itself into four distinct and proper committees, for the 
more easy administration of the affairs of the Province, which 
divides the seventy-two into four eighteens, every one of which 
eighteens shall consist of six out of each of the three orders or 
yearly elections, each of which shall have a distinct portion of 
business, as followeth: first, a committee of plantations, to situate 
and settle cities, ports, and market-towns and high-ways, and to 
hear and decide all suits and controversies relating to plantations. 
Secondly, a committee of justice and safety, to secure the peace 
of the province, and punish the male-administration of those 
who subvert justice to the prejudice of the publick or private 
interest. Thirdly, a committee of trade and treasury, who shall 



196 PENNSYLVANIA FRAME [April 25 /May 5 

regulate all trade and commerce according to law, encourage 
manufacture and country growth, and defray the publick charge 
of the province. And fourthly, a committee of manners, educa- 
tion, and arts, that all wicked and scandalous living may be pre- 
vented, and that youth may be successively trained up in virtue 
and useful knowledge and arts: the quorum of each of which 
committees being six, that is, two out of each of the three orders 
or yearly elections as aforesaid, making a constant and standing 
council of twenty-four, which will have the power of the Provincial 
Council, being the quorum of it, in all cases not excepted in the 
fifth article; and in the said committees and standing Council of 
the province, the governor or his deputy shall or may preside as 
aforesaid; and in the absence of the governor or his deputy, if 
no one is by either of them appointed, the said committees or 
Council, shall appoint a president for that time, and not other- 
wise; and what shall be resolved at such committee shall be 
reported to the said Council of the province, and shall be by 
them resolved and confirmed before the same shall be put in 
execution ; and that these respective committees shall not sit at 
one and the same time, except in cases of necessity. 

Fourteenth. And to the end that all laws prepared by the 
governor and Provincial Council aforesaid, may yet have the 
more full concurrence of the freemen of the province, it is de- 
clared, granted, and confirmed, that at the time and place or 
places for the choice of a Provincial Council as aforesaid, the 
said freemen shall yearly choose members to serve in General 
Assembly as their representatives, not exceeding two hundred 
persons, who shall yearly meet on the twentieth day of the second 
month, which shall be in the year one thousand six hundred 
eighty and three following, in the capital town, or city of the 
said province, where during eight days the several members may 
freely confer with one another; and, if any of them see meet, 
with a committee of the Provincial Council (consisting of three 
out of each of the four committees aforesaid, being twelve in all) 
which shall be at that time purposely appointed to receive from 
any of them proposals for the alteration or amendment of any of 
the said proposed and promulgated bills; and on the ninth day 
from their so meeting, the said General Assembly, after reading 
over the proposed bills by the clerk of the Provincial Council, 
and the occasions and motives for them being opened by the 



i682] PENNSYLVANIA FRAME 1 9/ 

governor or his deputy, shall give their affirmative or negative, 
which to them seemeth best, in such manner as hereinafter is 
expressed. But not less than two thirds shall make a quorum in 
the passing of laws, and choice of such officers as are by them to 
be chosen. 

Fifteenth. That the laws so prepared and proposed as afore- 
said, that are assented to by the General Assembly, shall be 
enrolled as laws of the province, with this stile : By the Governor, 
ivith the assent atid approbation of the freemen in Provincial 
Council and Gejieral Assembly. 

Sixteenth. That for the establishment of the Government and 
laws of this province, and to the end there may be an universal 
satisfaction in the laying of the fundamentals thereof ; the General 
Assembly shall or may for the first year consist of all the freemen 
of and in the said province, and ever after it shall be yearly 
chosen, as aforesaid; which number of two hundred shall be en- 
larged as the country shall increase in people, so as it do not 
exceed five hundred at any time; the appointment and propor- 
tioning of which, as also the laying and methodizing of the 
choice of the Provincial Council and General Assembly in future 
times, most equally to the divisions of the hundreds and counties, 
which the country shall hereafter be divided into; shall be in the 
power of the Provincial Council to propose, and the General 
Assembly to resolve. 

Seventeenth. That the Governor and the Provincial Council 
shall erect, from time to time, standing courts of justice in such 
places and number as they shall judge convenient for the good 
government of the said province. And that the Provincial 
Council shall, on the thirteenth day of the first month yearly, 
elect and present to the governor or his deputy, a double number 
of persons to serve for judges, treasurers, masters of rolls, within 
the said province for the year next ensuing; and the freemen of 
the said province in the county courts, when they shall be erected, 
and till then in the General Assembly shall, on the three and 
twentieth day of the second month yearly, elect and present to 
the governor or his deputy, a double number of persons to serve 
for sheriffs, justices of the peace, and coroners, for the year next 
ensuing; out of which respective elections and presentments, the 
governor or his deputy shall nominate and commissionate the 
proper number for each office the third day after the said present- 



198 PENNSYLVANIA FRAME [April 25 /May 5 

merits; or else the first named in such presentment for each 
office, shall stand and serve for that office the year ensuing. 

Eighteenth. But forasmuch as the present condition of the 
province requires some immediate settlement, and admits not of 
so quick a revolution of officers; and to the end the said province 
may, with all convenient speed, be well ordered and settled, I, 
William Penn, do therefore think fit, to nominate and appoint 
such persons for judges, treasurers, masters of the rolls, sheriffs, 
justices of the peace, and coroners, as are most fitly qualified for 
those employments; to whom I shall make and grant commissions 
for the said offices respectively, to hold to them to whom the 
same shall be granted, for so long time as every such person Shall 
well behave himself in the office or place to him respectively 
granted, and no longer. And upon the decease or displacing of 
any of the said officers, the succeeding officer or officers shall be 
chosen as aforesaid. 

Nineteenth. That the General Assembly shall continue so long 
as may be needful to impeach criminals fit to be there impeached; 
to pass bills into laws, that they shall think fit to pass into laws, 
and till such time as the governor and Provincial Council shall 
declare, that they have nothing further to propose unto them for 
their assent and approbation; and that declaration shall be a 
dismiss to the General Assembly for that time, which General 
Assembly shall be notwithstanding capable of assembling together, 
upon the summons of the Provincial Council, at any time during 
that year, if the said Provincial Council shall see occasion for 
their so assembling. 

Twentieth. That all the elections of members or representa- 
tives of the people, to serve in Provincial Council and General 
Assembly, and all questions to be determined by both or either 
of them, that relate to passing of bills into laws, to the choice of 
officers, to impeachments made by the General Assembly, and 
judgment of criminals upon such impeachments by the Provincial 
Council, and to all other cases by them respectively judged of 
importance, shall be resolved and determined by the ballot; and, 
unless on sudden and indispensible occasions, no business in 
Provincial Council or its respective committees, shall be finally 
determined the same day that it is moved. 

Twenty-first. That at all times, when and so often as it shall 
happen, that the Governor shall or may be an infant, under the 



1 683 J PENNSYLVANIA AND DELAWARE FRAME 1 99 

age of one and twenty years, and no guardians or commissioners 
are appointed in writing by the father of the said infant, or that 
such guardians or commissioners shall be deceased; that during 
such minority, the Provincial Council shall, from time to time, 
•as they shall see meet, constitute and appoint guardians or com- 
missioners, not exceeding three; one of which three shall preside 
as deputy and chief guardian, during such minority, and shall 
have and execute, with the consent of the other two, all the power 
of a governor, in all the public affairs and concerns of the said 
province. 

Twenty- second. That as often as any day of the month, men- 
tioned in any article of this charter, shall fall upon the first day 
of the week, commonly called the Lord's Day, the business 
appointed for that day, shall be deferred till next day, unless in 
case of emergency. 

Twenty-third. That no act, law or ordinance whatsoever, shall 
at any time hereafter be made or done, by the governor of this 
province, his heirs or assigns, or by the freemen in the Provincial 
Council or the General Assembly, to alter, change or diminish 
the form or effect of this charter, or any part or clause thereof, 
without the consent of the governor, his heirs or assigns, and six 
parts of seven of the said freemen in Provincial Council, and 
General Assembly. 

And lastly, That I, the said William Penn, for myself, my 
heirs, and assigns, have solemnly declared, granted and confirmed, 
and do hereby solemnly declare, grant and confirm, that neither 
I, my heirs nor assigns, shall procure or do any thing or things, 
whereby the liberties in this charter contained and expressed, 
shall be infringed or broken; and if any thing be procured by 
any person or persons contrary to these premises, it shall be held 
of no force or effect. . . . 



No. 41. Pennsylvania and Delaware Frame 

April 2/12, 1683 

The large number of members of the council and assembly prescribed by 
the Pennsylvania frame of 1682, and the limited legislative power of the 
assembly, were early felt to constitute serious objections to the instrument. 
In the election of February, 1683, Penn suggested that, on the petition of the 
electors, the persons chosen from the several counties should serve, one-fourth 



200 PENNSYLVANIA AND DELAWARE FRAME [April 2/12 

as ci^uncillors, and three-fourths as members of the assembly; and this plan, 
though a violation of the frame, was acquiesced in. In December, 1682, an 
act of union had incorporated the Delaware settlements, or " lower counties," 
with Pennsylvania ; and an act of settlement, in March, 1683, provided for 
the reorganization of the council and assembly. The act of settlement, how- 
ever, was temporary ; and in April a new frame of government, drawn up by 
Penn in accordance with the expressed desire of the reorganized general 
assembly, was signed. The first assembly under the new frame met at New- 
castle, in May, 1684. 

References. — Text in Charter and Laws of Pennsylvania (ed. 1879), 
155-161. The act of union is in Hazard's Annals, 611-614; the act of settle- 
ment, lb., 615-619. 

[The document recites the grant of the charter of Pennsylvania, 
and the execution of deeds of feofment by the Duke of York, 
and continues :] 

Now Know yee. That for the well being and government of 
the said Province and territories thereunto annexed and for the 
encouragement of all the freemen and planters that may be therein 
concerned in pursuance of the rights and powers aforementioned, 
I the said William Penn, Have Declared, Granted and Confirmed, 
and by these presents for mee my heirs and assigns, do declare, 
grant and confirme unto all the freemen, planters and adventurers, 
of, in and to the said Province and Territories thereof, these 
Liberties, franchises and properties, so far as in me lieth, to be 
held, enjoyed and kept by the freemen, planters and adventurers 
of and in the said Province of Pennsylvania and Territories 
thereunto annexed for ever. 

I St. Imprimis, That the Government of this Province and 
Territories thereof, shall from time to time according to the 
powers of the Patent and deeds of feofment aforesaid, Consist 
of the Proprietarie and Governour and freemen of the said Prov- 
ince and Territories thereof in form of a Provinciall Councill 
and General Assemblie, which Provinciall Councill shall consist 
of eighteen persons being three out of each countie, and which 
Assemblie shall consist of thirty-six persons, being six out of each 
countie, men of most note for virtue, wisdom and ability, by 
whom all Laws shall be made, officers chosen and publick affairs 
transacted, as is hereafter limited and declared. 

Second. There being three persons already chosen for every 
respective countie of this Province and Territories thereof to 
serve in the Provinciall Council, one of them for three years; 



1683] PENNSYLVANIA AND DELAWARE FRAME 20i 

One for two years, and one for one yeare, and one of them being 
to goe off yearelie in every countie; That on the tenth day of the 
first month yearly for ever after, the freemen of the said Province 
and Territories thereof, shall meet together in the most convenient 
place in everie countie of this Province and Territories thereof, 
and then and there to choose one person qualified as aforesaid 
in everie countie, being one-third of the number to serve in 
Provincial Council for Three years; It being intended that one- 
third of the whole Provinciall Council, consisting and to consist 
of eighteen persons, falling off yearlie. It shall be yearlie supplyed 
by such new yearlie elections as aforesaid; and that no one person 
shall Continue in Longer than three yeares, and in Case anie 
member shall decease before the last election during his time, 
That then aat the next election ensuing his decease, another shall 
be chosen to supply his place for the Remaining Time he was to 
have served, and no longer. 

Third. That after the first Seven years everie one of the said 
third parts that goeth yearlie off, shall be uncapable of being 
chosen again for one whole year following; That so, all that are 
Capable and Qualified as aforesaid may be fitted for government 
and have a share of the care and burthen of it. 

Fourth. That the Provincial Council in all cases and matters 
of moment, as their arguing upon bills to be past into laws, or 
proceedings, about erecting of Courts of Justice, Sitting in judg- 
ment upon Criminals impeached, and choice of officers, in such 
manner as is hereinefter expressed; not Less than two Thirds of 
the whole shall make a Quorum, and that the consent and appro- 
bation of two-thirds of that Quorum shall be had in all such cases 
or matters of moment : And that in all Cases and Matters of lesser 
moment one-third of the whole shall make a Quorum, the majoritie 
of which shall and may always determine in such Cases and Causes 
of lesser moment. 

Fifth. That the Governour and Provinciall Council shall have 
the power of preparing and proposing to the Assemblie hereafter 
mentioned, all Bills which they shall see needful, and that shall 
att anie time be past into Laws within the said Province and 
Territories thereof, which Bills shall be published and affixed to 
the most noted place in everie countie of this Province and 
Territories thereof, Twentie days before the meetting of the 
Assemblie in order to the passing of the same into Laws. 



202 PENNSYLVANIA AND DELAWARE FRAME [April 2/12 

[Sections 6 to 10, inclusive, are substantially identical with 
Sections 8 to 12, inclusive, of the frame of 1682.] 

Eleventh. That one third part of the Provincial Council 
Residing with the Governour, shall with the Governour from time 
to time have the care of the management of all publick affairs, 
relating to the Peace, Justice, Treasurie, Trade and Improvement 
of the Province and Territories, and to the good education of the 
youth and sobrietie of the manners of the inhabitants therein as 
aforesaid. 

Twelfth. That tlie Governour or his Deputie shall allways 
preside in the Provinciall Council, and that hee shall att no time 
therein perform anie publick act of State whatsoever that shall or 
may relate unto the Justice, Trade, Treasury or Safetie of the 
Province and Territories aforesaid, but by and with the advice 
and consent of the Provinciall Council thereof. 

Thirteenth. And to the end that all Bills prepared and agreed 
by the Governour and Provinciall Council as aforesaid, may yet 
have the more full Concurrence of the freemen of the Province 
and Territories thereof ; It is declared granted and confirmed that 
att the time and place m everie countie for the choice of one 
person to serve in Provinciall Council as aforesaid, The respective 
Members thereof att their said meetting shall yearlie choose outt 
of themselves six persons of note for virtue, wisdom and abilitie 
to serve in Assemblie as their Representatives, who shall yearlie 
meet on the Tenth day of the third month in the capitall towne 
or citie of the said Province, unless the Governour and Provin- 
ciall Councill shall think fitt to appoynt another place to meet in, 
where during eight dayes, the several members may freelie confer 
with one another; [the remaining provisions being similar to 
those in Sec. 14 of the frame of 1682]. 

[Section 14 corresponds to Sec. 15 of the frame of 1682.] 

Fifteenth. And that the representatives of the people in Pro- 
vinciall Council and Assemblie, May in after ages bear some 
proportion with the increase and multiplying of the people; The 
numbers of such representatives of the people may be from time 
to time increased and enlarged so as at no time the number 
exceed seventie-two for the Provincial Council and two hundred 
for the Assembly; The appoyntment and proportioning of which 
number as also the laying and methodizing of the choice of such 
representatives in future times most equallie to the division of 



1683] PENNSYLVANIA AND DELAWARE FRAME 203 

the country or number of the inhabitants, is left to the Governour 
and Provincial Council to propose, and to the Assemblie to 
resolve; So that the order of rotation be strictlie observed both 
in choice of the Council and the respective committees thereof, 
That is to say, one-third to goe off, and come in yearlie. 

Sixteenth. That from and after the death of this present Gov- 
ernour, the Provinciall Council shall together with the succeeding 
Governour erect from time to time standing Courts of Justice in 
such places and number as they shall judge convenient for the 
good government of the said Province and territories thereof; 
And that the provinciall Council shall on the thirteenth day of 
the second month then next ensuing elect and present to the 
Governour and [or] his deputie a double number of persons to 
serve for Judges, treasurers and masters of rolls within the said 
Province and territories, to continue so long as they shall well 
behave themselves in those capacities respectively. And the 
freemen of the said Province in Assemblie mett shall on the 
thirteenth day of the third month yearlie elect and then present 
to the Governour or his deputie a double number of persons to 
serve for Sheriffs, Justices of the peace and Coroners for the 
yeare next ensuing; out of which respective elections and pre- 
sentments the Governour [or] his deputie shall nominate and 
commissionate the proper number for each office, the third day 
after the said respective presentments, or else the first named in 
such presentment for each office as aforesaid shall stand and serve 
in that office the time before respectively limited; And in case 
of death or default, such vacancie shall be supplied by the Gov- 
ernour and provincial Council in manner aforesaid. 

[Section 17 is substantially identical with Sec. 19 of the frame 
of 1682.] 

Eighteenth. That all the elections of members or representa- 
tives of the people, to serve in Provincial Council and Assemblie 
and all questions to be determined by both or either of them that 
relate to choice of officers, and all or anie other personall matters 
shall be resolved or determined by the Ballot, and all things 
relating to the preparing and passing of Bills into Laws, shall be 
openlie declared and resolved by the vote. 

[Sections 19 and 20 correspond to Sections 21 and 22 of the 
frame of 1682.] 

Twenty-first. And for the satisfaction and encouragement of 



204 PENNSYLVANIA AND DELAWARE FRAME [April 2/12 

all aliens, I doe give and grant, that if anie alien who is or shall 
be a purchaser or who doth or shall inhabit in this Province or 
territories thereof, shall decease att anie time before he can well 
be naturalized; His right and interest therein shall notwithstand- 
ing descend to his wife and children, or other his relations, Be 
he testate or intestate, according to the laws of this Province and 
territories thereof in such cases provided; In as free and ample 
manner to all intents and purposes, as if the said alien had been 
naturalized. 

Twenty-second. And that the inhabitants of this Province and 
territories thereof may be accommodated with such food and 
sustenance as God in his providence hath freelie afforded. I do 
also further Grant to the inhabitants of this Province and terri- 
tories thereof, libertie to Fowle and Hunt upon the lands they 
hold and all other lands therein, not enclosed ; and to fish in all 
waters in the said lands, and in all Rivers and Rivulets, in and 
belonging to this Province and territories thereof, with Libertie 
to draw his or their fish on shoare on any man's Lands, So as it 
be not to the Detriment or annoyance of the owner thereof, 
Except such lands as doe lye upon inland Rivulets, that are not 
Boatable, or which are or may be hereafter erected into mannors. 

Twenty-third. And that all the inhabitants of this Province 
and territories thereof, whether purchasers or others may have 
the last worldlie pledge of my good and kind intentions to them 
and theirs, I doe Give, Grant and Confirme to all and everie one 
of them full and quiet enjoyment of their respective lands. To 
which they have any lawfull or equitable claime, saving onlie 
such rents and services for the same as are or customarilie ought 
to be reserved to mee my Heirs or Assigns. 

Twenty-fourth. That no Act, Law or Ordinance whatsoever 
shall att anie Time hereafter be made or done by the Proprietarie 
and Governour of this Province and territories thereunto belong- 
ing, his heirs or assigns, or by the freemen in Provinciall Council 
or Assemblie, To Alter, Change or Diminish the forme or effect 
of this Charter or anie part or Clause thereof; or contrary to the 
true intent and meaning thereof, without the consent of the Propri- 
etarie and Governour his heirs or assigns and Six parts of Seven 
of the said freemen in provinciall Council and Assemblie mett.* 
*********** 

* The formal endorsements, and the names of the signers, are omitted. 



1691] SECOND CHARTER OF MASSACHUSETTS 205 

No. 42. Second Charter of Massachusetts 

October 7/17, i6gi 

In April, 1688, Increase Malher was sent to England to urge a restoration 
of the Massachusetts charter of 1629; and after the flight of James II., and 
the deposition of Andros, government under the charter was temporarily 
resumed. In January, 1688/9, Mather learned that "a circular letter was to 
be ^enlrto all the plantations confirming the existing governments until further 
orders." He succeeded in stopping the dispatch of the letters intended for 
New England, and thus prevented the reinstatement of Andros, who was 
shortly made governor of Virginia. When it became clear that the old 
charter would not be restored, and that Massachusetts would remain a 
royal province, Mather and two other representatives of the colony peti- 
tioned for a new charter. The petition was favorably received, and the 
instrument was drafted in consultation with the agents. 

References. — Text in Acts and Resolves of the Province of Massachusetts 
Bay, I., 1-20. See Doyle's Puritan Colonies, II , 352-379; Winsor's Narr. 
and Crit. Hist.,N., 87-91 ; Memorial History of Boston, II., chap. i. On 
the vacating of the charter of 1629, see Toppan's Edward Randolph (Prince 
Soc. Publ.), I., II ; the exemplification is in Mass. Hist. Coll., Fourth Series, 
II., 246-278. 

[The charter begins by reciting the grant of a patent in 1620 
to the Council for New England, the grant by the Council to the 
Massachusetts Bay Company in 1628, the royal charter of 1629, 
and the vacating of the charter by a judgment in chancery in 
1684, and continues:] 

^nlJ S2Ei}crca0 severall persons employed as Agents in behalfe 
of Our said Collony of the Massachusetts Bay in New England 
have made their humble application unto Us that Wee would be 
graciously pleased by Our Royall Charter to Incorporate Our 
Subjects in Our said Collony and to grant and confirme unto 
them such powers priviledges and Franchises as [in] Our Royal! 
Wisdome should be thought most conduceing to Our Interest and 
Service and to the Welfare and happy State of Our Subjects in 
New England and Wee being graciously pleased to gratifie Our 
said Subjects And alsoe to the end Our good Subjects within Our 
Collony of New Plymouth in New England aforesaid may be 
brought under such a forme of Government as may put them in 
a better Condition of defence and considering aswell the granting 
unto them as unto Our Subjects in the said Collony of the Massa- 
chusetts Bay Our Royall Charter with reasonable Powers and 



206 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 

Priviledges will much tend not only to the safety but to the 
Flourishing estate of Our Subjects in the said parts of New Eng- 
land and alsoe to the advanceing of the ends for which the said 
Plantations were at first encouraged . . . Wee doe by these pres- 
ents for Us Our Heirs and Successors Will and Ordeyne that the 
Territories and Collonyes comonly called or known by the Names 
of the Collony of the Massachusetts Bay and CoUony of New 
Plymouth the Province of Main the Territorie called Accadia or 
Nova Scotia and all that Tract of Land lying betweene the said 
Territori/(?r/es of Nova Scotia and the said Province of Main be 
Erected United and Incorporated . . . into one reall Province by 
the Name of Our Province of the Massachusetts Bay in New 
England And . . . Wee doe give and grant unto Our good Sub- 
jects the Inhabitants of Our said Province or Territory of the 
Massachusetts Bay and their Successors all that parte of New 
England in America lying and extending from the greate River 
commonly called Monomack alias Merrimack on the Northpart 
and from three Miles Northward of the said River to the Atlantick 
or Western Sea or Ocean on the South part And all the Lands 
and Hereditaments whatsoever lying within the limitts aforesaid 
and extending as farr as the Outermost Points or Promontories 
of Land called Cape Cod and Cape Mallabar North and South 
and in Latitude Breadth and in Length and Longitude of and 
within all the Breadth and Compass aforesaid throughout the 
Main Land there from the said Atlantick or Western Sea and 
Ocean on the East parte towards the South Sea or Westward as 
far as Our Collonyes of Rhode Island Connecticutt and the 
Marragansett [Narraganseti] Countrey all alsoe all that part or 
portion of Main Land beginning at the Entrance of Pescata way 
Harbour and soe to pass upp the same into the River of Newicke- 
wannock and through the same into the furthest head thereof and 
from thence Northwestward till One Hundred and Twenty Miles 
be finished and from Piscata way Harbour mouth aforesaid North- 
Eastward along the Sea Coast to Sagadehock and from the Period 
of One Hundred and Twenty Miles aforesaid to crosse over Land 
to the One Hundred and Twenty Miles before reckoned up into 
the Land from Piscataway Harbour through Newickawannock 
River and also the North halfe of the Isles and [of'\ Shoales 
together with the Isles of Cappawock and Nantukett near Cape 
Cod aforesaid and alsoe [all] Lands and Hereditaments lying 



1691] SECOND CHARTER OF MASSACHUSETTS 207 

and being in the Countrey and Territory commonly called Accadia 
or Nova Scotia And all those Lands and Hereditaments lying and 
extending betweene the said Countrey or Territory of Nova Scotia 
and the said River of Sagadahock or any part thereof . . . and 
alsoe all Islands and Isletts lying within tenn Leagues directly 
opposite to the Main Land within the said bounds . . . ^rotiiticlJ 
neverthelesse . . . that all and every such Lands Tenements and 
Hereditaments and all other estates which any person or persons 
or Bodyes Politique or Corporate Townes Villages Colledges or 
Schooles doe hold and enjoy or ought to hold and enjoy within 
the bounds aforesaid by or under any Grant or estate duely made 
or granted by any Generall Court formerly held or by vertue of 
the Letters Patents herein before recited or by any other lawfull 
Right or Title whatsoever shall be by . . . [them] ... for ever 
hereafter held and enjoyed according to the purport and Intent of 
such respective Grant under and Subject neverthelesse to the Rents 
and Services thereby reserved or made payable . . . [saving any 
claim of Samuel Allen of London, from John Mason, deceased; 
and provided, further, that no grants or conveyances of said lands 
or hereditaments to any towns, colleges, schools, or persons shall 
be voided or prejudiced by reason of defective form.] And Wee 
doe further . . . Establish and ordeyne that . . . there shall be 
one Governour One Leiutenant or Deputy Governour and One 
Secretary of Our said Province or Territory to be from time to 
time appointed and Commissionated by Us . . . and Eight and 
Twenty Assistants or Councillors to be advising and assisting to 
the Governour . . . for the time being as by these presents is 
hereafter directed and appointed which said Councillors or 
Assistants are to be Constituted Elected and Chosen in such 
forme and manner as hereafter in these presents is expressed 
And for the better Execution of Our Royall Pleasure and Grant 
in this behalfe Wee . . . Nominate Ordeyne make and Constitute 
. . . Simon Broadstreet John Richards Nathaniel Saltenstall Wait 
Winthrop John Phillipps James Russell Samuell Sewall Samuel 
Appleton Barthilomew Gedney John Hawthorn Elisha Hutchin- 
son Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop 
Richard Middlecot John Foster Peter Serjeant Joseph Lynd 
Samuell Hayman Stephen Mason Thomas Hinckley William 
Bradford John Walley Barnabas Lothrop Job Alcott Samuell 
Paiiiell and Silvanus Davis Esquiers the first and present Coun- 



208 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 

cillors or Assistants of Our said Province to continue in their 
said respective Offices or Trusts . . . untill the last Wednesday 
in May which shall be in the yeare of Our Lord One Thousand 
Six Hundred Ninety and Three and untill other Councillors or 
Assistants shall be chosen and appointed in their stead in such 
manner as in these presents is expressed ^nti Witt doe further 
. , . appoint . . . Isaac Addington Esquier to be Our first and 
present Secretary of Our said Province during Our Pleasure "^ntl 
(But Will and Pleasure is that the Governour . . . shall have 
Authority from time to time at his discretion to assemble and 
call together the Councillors or Assistants . . . and that the said 
Governour with the said Assistants or Councillors or Seaven of 
them at the least shall and may from time to time hold and keep 
a Councill for the ordering and directing the Affaires of Our said 
Province ^xiQ furtl)Er Wee Will . . . that there shall ... be con- 
vened ... by the Governour . . . upon every last Wednesday in 
the Moneth of May every yeare for ever and at all such other 
times as the Governour . . . shall think fitt and appoint a great 
and Generall Court of Assembly Which . . . shall consist of the 
Governour and Councill or Assistants . . . and of such Freeholders 
... as shall be from time to time elected or deputed by the 
Major parte of the Freeholders and other Inhabitants of the re- 
spective Townes or Places who shall be present at such Elections 
Each of the said Townes and Places being hereby impowered to 
Elect and Depute Two Persons and noe more to serve for and 
represent them respectively in the said Great and Generall Court 
... To which Great and Generall Court . . . Wee doe hereby . . . 
grant full power and authority from time to time to direct . . . 
what Number each County Towne and Place shall Elect and 
Depute to serve for and represent them respectively . . . Pro&itiEtJ 
alwayes that noe Freeholder or other Person shall have a Vote in 
the Election of Members . . . who at the time of such Election 
shall not have an estate of Freehold in Land within Our said 
Province or Territory to the value of Forty Shillings per Annum 
at the least or other estate to the value of Forty * pounds Sterling 
And that every Person who shall be soe elected shall before he sitt 
or Act in the said Great and Generall Court ... take the Oaths 
mentioned in an Act of Parliament made in the first yeare of Our 
Reigne Entituled an Act for abrogateing of the Oaths of AUe- 

* See note in Acts and Resolves, vol. I., p. 393, 



1691] SECOND CHARTER OF MASSACHUSETTS 209 

glance and Supremacy and appointing other Oaths and thereby 1 
appointed to be taken instead of the Oaths of Allegiance and | 
Supremacy and shall make Repeat and Subscribe the Declaration ' 
mentioned in the said Act before the Governour and Leiutenant 
or Deputy Governour or any two of the Assistants for the time 
being who shall be thereunto authorized and Appointed by Our \ 
said Governour and that the Governour for the time being shall ' 
have full power and Authority from time to time as he shall Judge 
necessary to adjourne Prorogue and dissolve all Great and Gen- 
erall Courts . . . met and convened as aforesaid And . . . Wee 
doe . . . Ordeyne that yearly once in every yeare . . . the afore- 
said Number of Eight and Twenty Councillors or Assistants 
shall be by the Generall Court . . . newly chosen that is to say 
Eighteen at least of the Inhabitants of or Proprietors of Lands 
within the Territory formerly called the Collony of the Massachu- 
setts Bay and four at the least of the Inhabitants of or Proprietors 
of Lands within the Territory formerly called New Plymouth and 
three at the least of the Inhabitants of or Proprietors of Land 
within the Territory formerly called the Province of Main and 
one at the least of the Inhabitants of or Proprietors of Land 
within the Territory lying between the River of Sagadahoc and 
Nova Scotia . . . [The General Court may remove Assistants from 
office, and may also fill vacancies caused by removal or death.] 
And Wee doe further Grant and Ordeyne that it shall and may 
be lawf ull for the said Governour with the advice and consent of 
the Councill or Assistants from time to time to nominate and 
appoint Judges Commissioners of Oyer and Terminer Sheriffs 
Provosts Marshalls Justices of the Peace and other Ofificers to 
Our Councill and Courts of Justice belonging ^robitict) alwayes 
that noe such Nomination or Appointment of Ofificers be made 
without notice first given or summons yssued out seaven dayes 
before such Nomination or Appointment unto such of the said 
Councillors or Assistants as shall be at that time resideing within 
Our said Province . . . and for the greater Ease and Encourage- 
ment of Our Loveing Subjects Inhabiting our said Province . . . 
and of such as shall come to Inhabit there Wee doe . . . Ordaine 
that for ever hereafter there shall be a liberty of Conscience 
allowed in the Worshipp of God to all Christians (Except Papists) 
Inhabiting . . . within our said Province . . . [Courts for the trial 
of both civil and criminal cases may be established by the General 
s 



2IO SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 

Court, reserving to the governor and assistants matters of probate 
and administration.] ^titi toljcreas Wee judge it necessary that all 
our Subjects should have liberty to Appeale to us ... in Cases 
that may deserve the same Wee doe . . . Ordaine that incase 
either party shall not rest satisfied with the Judgement or Sentence 
of any Judicatories or Courts within our said Province ... in 
any Personall Action wherein the matter in difference doth 
exceed the value of three hundred Pounds Sterling that then he 
or they may appeale to us ... in our . . . Privy Councill Pro- 
vided such Appeale be made within Fourteen dayes after the 
Sentence or Judgement given and that before such Appeale be 
allowed Security be given by the party or parties appealing in 
the value of the matter in Difference to pay or Answer the Debt 
or Damages for the which Judgement or Sentence is given With 
such Costs and Damages as shall be Awarded by us . . . incase 
the Judgement or Sentence be affirmed [provided that no execu- 
tion shall be stayed by reason of such appeal.] ^nt< we doe 
further . . . grant to the said Governor and the great and Gen- 
erall Court . . . full power and Authority from time to time to 
make ... all manner of wholesome and reasonable Orders Laws 
Statutes and Ordinances Directions and Instructions either with 
penalties or without (soe as the same be not repugnant or con- 
trary to the Lawes of this our Realme of England) as they shall 
Judge to be for the good and welfare of our said Province. . . . 
And for the Government and Ordering thereof and of the People 
Inhabiting or who shall Inhabit the same and for the necessary 
support and Defence of the Government thereof [and also] full 
power and Authority to name and settle Annually all Civill Officers 
within the said Province such Officers Excepted the Election and 
Constitution of whome wee have by these presents reserved to us 
... or to the Governor . . . and to Settforth the severall Duties 
Powers and Lymitts of every such Officer . , . and the forms of 
such Oathes not repugnant to the Lawes and Statutes of this our 
Realme of England as shall be respectively Administred unto 
them for the Execution of their severall Offices and places And 
alsoe to impose Fines mulcts Imprisonments and other Punish- 
ments And to Impose and leavy proportionable and reasonable 
Assessments Rates and Taxes upon the Estates and Persons of all 
and every the Proprietors and Inhabitants of our said Province 
or Territory to be Issued and disposed of by Warrant under the 



1691] SECOND CHARTER OF MASSACHUSETTS 211 

hand of the Governor . , . with the advice and Consent of the 
Councill for Our Service in the necessary defence and support of 
our Government of our said Province . . . and the Protection and 
Preservation of the Inhabitants there according to such Acts as 
are or shall be in force within our said Province and to dispose 
of matters and things . . . ^robitjelj alwaies . . . that in the 
frameing and passing of all such Orders . . . and in all Elections 
and Acts of Government whatsoever to be passed made or done 
by the said Generall Court ... or in Councill the Governor . . . 
shall have the Negative voice and that without his consent or 
Approbation signified and declared in Writeing no such Orders 
. . . Elections or other Acts of Government . . . shall be of any 
Force effect or validity . . . ^nti wee doe . . . Ordaine that the 
said Orders Laws Statutes and Ordinances be by the first oppor- 
tunity after the makeing thereof sent or Transmitted unto us . . . 
under the Publique Seale to be appointed by us for Our . . . 
approbation or Disallowance And that incase all or any of 
them shall at any time within the space of three yeares next after 
the same shall have been presented to us ... in Our . . . Privy 
Councill be disallowed and rejected and soe signified by us . . . 
under our . . . Signe Manuall and Signett or by or in our . . . 
Privy Councill unto the Governor for the time being then such 
... of them as shall be soe disallowed . . . shall thenceforth 
cease and determine and become utterly void and of none effect 
[Laws, &c., not disallowed within the three years, to remain in 
force until repealed by the General Court. Grants of land by 
the General Court, within the limits of the former colonies of 
Massachusetts Bay and New Plymouth, and the Province of 
Maine, excepting the region north and east of the Sagadahoc, 
to be valid without further royal approval. The governor shall 
direct the defense of the province, and may exercise martial 
law in case of necessity;] . . . ^roisiticti alwayes . . . That 
the said Governour shall not at any time hereafter by vertue 
of any power hereby granted or hereafter to be granted to 
him Transport any of the Inhabitants of Our said Province 
... or oblige them to march out of the Limitts of the same 
without their Free and voluntary consent or the Consent of the 
Great and Generall Court . . , nor grant Commissions for exer- 
cising the Law Martiall upon any the Inhabitants of Our said 
Province . . . without the Advice and Consent of the Councill or 



212 NAVIGATION ACT [April 10/20 

Assistants of the same . . . [In case of the death, removal or ab- 
sence of the governor, the lieutenant-governor may take his place; 
failing both governor and lieutenant-governor, the council, or the 
major part of them, are to act.] ProiiitiEti alwaies . . . that nothing 
herein shall extend or be taken to . . . allow the Exercise of any 
Admirall Court Jurisdiction Power or Authority but that the same 
be and is hereby reserved to Us . . . and shall from time to time 
be . . . exercised by vertue of Commissions to be yssued under 
the Great Seale of England or under the Scale of the High 
Admirall or the Commissioners for executing the Office of High 
Admirall of England. . . . ^nti lastlg for the better provideing 
and furnishing of Masts for Our Royall Navy Wee doe hereby 
reserve to Us . . . all Trees of the Diameter of Twenty Four 
Inches, and upwards of Twelve Inches from the ground growing 
upon any soyle or Tract of Land within Our said Province . . . 
not heretofore granted to any private persons And Wee doe 
restraine and forbid all persons whatsoever from felling cutting 
or destroying any such Trees without the Royall Lycence of Us 
. . . first had and obteyned upon penalty of Forfeiting One Hun- 
dred Pounds sterling unto Ous [Us] ... for every such Tree so 
felled cutt or destroyed 



No. 43. Navigation Act 

April 10/20, 1696. 

The Navigation Act of 1672, besides laying duties on certain "enumerated 
articles," had aimed to provide a more effective system of administration for 
the colonial customs service; but in the years immediately following the 
revolution of 1688, the acts of trade, never much regarded in the colonies, 
were extensively violated. In particular, the lack of a system of registry for 
English-built ships made the enforcement of the acts difficult, and led to 
complaints from British merchants of loss of revenue; and it was to supply 
this lack that the act of 1696 was especially designed. "All further shipping 
laws were in the nature of detailed regulations, and this act . . . may be said 
to have added the finishing touch to the colonial system so far as shipping 
was concerned" (^Channing). 

References. — Text in Statutes of the Realm, VII., 103-107. The act is 
cited as 7 and 8 Wm. III., c. 22. For general references, see under No. 22, 
ante. 



1696] NAVIGATION ACT ±1^ 

An Act for preventing Frauds and regulating Abuses in the 
Plantation Trade. 

[Recital that notwithstanding 12 Car. II., c. 18, 15 Car. II., 
c. 7, 22 & 23 Car. 11. , c. 26, and 25 Car. II., c. 7, great abuses 
are committed:] For Remedy thereof for the future bee itt 
enacted . . . That after the Five and twentieth Day of March 
One thousand six hundred ninety eight noe Goods or Merchan- 
dizes whatsoever shall bee imported into or exported out of any 
Colony or Plantation to His Majesty in Asia Africa or America 
belonging or in his Possession or which may hereafter belong 
unto or bee in the Possession of His Majesty His Heires or Suc- 
cessors or shall bee laden in or carried from any One Port or 
Place in the said Colonies or Plantations to any other Port or 
Place in the same, the Kingdome of England Dominion of Wales 
or Towne of Berwick upon Tweed in any Shipp or Bottome but 
what is or shall bee of the Built of England or of the Built of 
Ireland or the said Colonies or Plantations and wholly owned by 
the People thereof or any of them and navigated with the Masters 
and Three Fourths of the Mariners of the said Places onely 
(except such Shipps onely as are or shall bee taken Prize and 
Condemnation thereof made in one of the Courts of Admiralty 
in England Ireland or the said Colonies or Plantations [to bee 
navigated by the Master and Three Fourths of the Mariners 
English or of the said Plantations as aforesaid. and whereof the 
Property doth belong to English Men*] And alsoe except for 
the space of Three Yeares such Foreigne built Shipps as shall bee 
employed by the Commissioners of His Majesties Navy for the 
tyme being or upon Contract with them in bringing onely Masts 
Timber and other Navall Stores for the Kings Service frorh His 
Majesties Colonies or Plantations to this Kingdome to bee navi- 
gated as aforesaid and whereof the Property doth belong to 
English Men) under paine of Forfeiture of Shipp and Goods one 
third part whereof to bee to the use of His Majesty His Heires 
and Successors one third part to the Governor of the said Col- 
onies or Plantations and the other third part to the Person who 
shall informe and sue for the same by Bill Plaint or Information 
in any of His Majesties Courts of Record att Westminster or in 

* Annexed to the original act in a separate schedule. 



2 14 NAVIGATION ACT [April 10/20 

any Court in His Majesties Plantations where such Offence shall 
bee committed. 

[Sec. II. provides for the exportation and importation, in 
certain prize ships and ships foreign built, of masts and other 
naval stores.] 

[Sec. III. requires governors or commanders-in-chief of the 
colonies to take oaths to observe the acts of trade, under penalty 
of a fine of ;^iooo and removal from of^ce.] 

[Sec. IV. requires naval ofificers, appointed by the governors 
for the customs service, to give security to the Commissioners of 
the Customs in England for the performance of their duty.] 

V. And for the more effectuall preventing of Frauds and regu- 
lating Abuses in the Plantation Trade in America Bee itt further 
enacted . . . That all Shipps comeing into or goeing out of any 
of the said Plantations and ladeing or unladeing any Goods or 
Commodities whether the same bee His Majesties Shipps of Warr 
or Merchants Shipps and the Masters and Commanders thereof 
and their Ladings shall bee subject and lyable to the same Rules 
Visitations Searches Penalties and Forfeitures as to the entring 
lading or dischargeing theire respective Shipps and Ladings as 
Shipps and their Ladings and the Commanders and Masters of 
Shipps are subject and lyable unto in this Kingdome . . . [by 
virtue of the act 14 Chas. II., ch. 11]. . . . And that the Officers 
for collecting and manageing His Majesties Revenue and inspect- 
ing the Plantation Trade in any of the said Plantations shall have 
the same Powers and Authorities for visiting and searching of 
Shipps and takeing their Entries and for seizing and securing or 
bringing on Shoare any of the Goods prohibited to bee imported 
or exported into or out of any the said Plantations or for which 
any Duties are payable or ought to have beene paid by any of the 
before mentioned Acts as are provided for the Officers of the 
Customes in England by the said last mentioned Act ... [of 14 
Chas. II., ch. II,] . . . and alsoe to enter Houses or Warehouses 
to search for and seize any such Goods And that all the Wharf- 
ingers and Owners of Keys and Wharfes or any Lightermen 
Bargemen Watermen Porters or other Persons assisting in the 
Conveyance Concealement or Rescue of any of the said Goods 
or in the hindering or resistance of any of the said Ofificers in 
the performance of their Duty and the Boates Barges Lighters or 
other Vessells imployed in the Conveyance of such Goods shall 



1696] NAVIGATION ACT 2l5 

bee subject to the like Paines and Penalties as are provided by 
the same Act ... [of 14 Chas. II., ch. 11,] ... in relation to 
prohibited or uncustomed Goods in this Kingdome And that 
the like Assistance shall bee given to the said Officers in the 
Execution of their Office as by the said last mentioned Act is 
provided for the Officers in England And alsoe that the said 
Officers shall bee subject to the same Penalties and Forfeitures 
for any Corruptions Frauds Connivances or Concealements in 
violation of any the before mentioned Lawes as any Officers of 
the Customes in England are lyable to by vertue of the said last 
mentioned Act. . . . 

VIII. And itt is further enacted and declared. . . . That all 
Lawes By-laws Usages or Customes att this tyme or which here- 
after shall bee in practice or endeavoured or pretended to bee 
in force or practice in any of the said Plantations which are in 
any wise repugnant to the before mentioned Lawes or any of them 
soe far as they doe relate to the said Plantations or any of them 
or which are [in any] wayes repugnant to this present Act or to 
any other Law hereafter to bee made in this Kingdome soe far as 
such Law shall relate to and mention the said Plantations are 
illegall null and void to all Intents and Purposes whatsoever. 
*********** 

X. [And for the better executing the severall Acts of Parlia- 
ment relating to the Plantation Trade bee itt enacted. . . . That 
the Lord Treasurer Commissioners of the Treasury and the Com- 
missioners of the Customes in England for the tyme being shall 
and may constitute and appoint such and soe many Officers of the 
Customes in any City Towne River Port Harbour or Creeke of 
or belonging to any of the Islands Tracts of Land and Proprieties 
when and so often as to them shall seeme needfuU*] Bee itt 
further also enacted That upon any Actions Suites and Informa- 
tions that shall bee brought commenced or entred in the said 
Plantations upon any Law or Statute concerning His Majesties 
Duties or Shipps or Goods to bee forfeited by reason of any 
unlawfuU Importations or Exportations there shall not bee any 
Jury but of such onely as are Natives of England or Ireland or 
are borne in His Majesties said Plantations And also that upon 

* Annexed to the original act in a separate schedule. 



2l6 NAVIGATION ACT [April 10/20 

all such Actions Suits and Informations the Offences may bee 
laid or alleadged to bee in any Colony Province County Precinct 
or Division of any of the said Plantations where such Offences 
are alleadged to bee committed att the pleasure of the Officer of 
Informer. 

*********** 

XV. [(And*) bee itt further enacted . . .That all Persons and 
theire Assignees claymeing any Right or (Property!) ^^ ^^Y 
Islands or Tracts of Land upon the Continent of America by 
Charter or Letters Patents shall not att any tyme hereafter alien 
sell or dispose of any of the said Islands Tracts of Land or Pro- 
prieties other than to the Naturall Borne Subjects of England 
Ireland Dominion of Wales or Towne of Berwick upon Tweed 
without the License and Consent of His Majesty His Heires 
and Successors signifyed by His or Their Order in Councill first 
had and obteyned And all Governours nominated and appointed 
by any such Persons or Proprietors who shall bee intituled to 
make such Nomination shall bee allowed and approved of by His 
Majesty His Heires and Successors as aforesaid and shall take the 
Oaths injoyned by this or any other Act to be taken by the Gover- 
nours or Commanders in Chiefe in other His Majesties Colonies 
and Plantations before their entring upon their respective Gov- 
ernments under the like Penalty His Majesties Governours and 
Commanders in Chiefe are by the said Acts lyable to.fl 

XVI. [And for a more effectuall prevention of Frauds which 
may bee used to elude the Intention of this Act by colouring 
Foreigne Shipps under English Names Bee itt further enacted . . . 
That from and after the Five and twentieth day of March which 
shall bee in the Yeare of our Lord One thousand six hundred 
ninety eight noe Shipp or Vessell whatsoever shall bee deemed 
or passe as a Shipp of the Built of England Ireland Wales Ber- 
wick Guernsey Jersey or of any of His Majesties Plantations in 
America soe as to bee qualifyed to trade to from or in any of the 
said Plantations untill the Person or Persons claymeing Property 
in such Shipp or Vessell shall register the same as followeth (that 
is to say) If the Shipp att the tyme of such Register doth belong 
to any Port in England Ireland Wales or to the Towne of Ber- 
wick upon Tweed then Proofe shall bee made upon Oath of One 

* Omitted in the Ms. t Tiie Ms. has Propriety. 

X Section XV. is annexed to the original act in a separate schedule. 



1696] PENNSYLVANIA FRAME 21^ 

or more of the Owners of such Shipp or Vessell before the Col- 
lector and Comptroller cf His Majesties Customes in such Port 
or if att the tyme of such Register the Shipp belong to any of 
His Majesties Plantations in America or to the Islands of Guern- 
sey or Jersey then the like Proofe to bee made before the Gov- 
ernour together with the Principall Officer of His Majesties 
Revenue resideing on such Plantation or Island which Oath fhe 
said Governours and Officers of the Customes respectively are 
hereby authorized to administer.*]. . . . 



No. 44. Pennsylvania Frame of Government ) 

November, 1696 

The dissensions in Pennsylvania subsequent to 1683, due to disputes 
between the council and the assembly, the agitation in the Delaware coun- 
ties over political privileges, and the excitement attending the preaching of 
George Keith, culminating in the Quaker schism, finally gave an opportunity 
for interference from England; and in 1692 the province was taken from the 
control of Penn, and placed under the government of Fletcher, the governor 
of New York. To this interference with the colony Penn, who had returned 
to England in 1684 on account of the boundary dispute with Maryland, and 
who, on account of his intimate relations with James II., was out of favor at 
court, could offer no effectual resistance. The charges against him, however, 
were disproven, and in 1694 the province was restored. The new governor, 
Markham, formerly lieutenant-governor under Fletcher, soon became involved 
in a dispute with the assembly, in which the question of the validity of the 
frame of 1683, in view of the transfer of Pennsylvania to Fletcher's control, 
was raised. A settlement was not reached until 1696, when the unwillingness 
of the assembly to comply with a call from Fletcher, under royal order, for aid 
in defending the frontiers of New York, unless the maintenan-e of popular 
rights could be assured, led to the submission by Markham of •' some heads 
of a frame of government," supplementary to the frame of 1683. 'J he money 
having been voted, and the new frame agreed to, the assembly was dissjlved; 
but some popular disapproval of this action was met by an enactment uf the 
following year, "that both Markham's frame of government and the laws 
passed in accordance therewith, should be legally binding in every respect." 

References. — Text in Charier and Laws of Pennsylvania (ed. 1879), 
245-253- 

[The document recites the grant of the charter of the province, 
the deeds from the Duke of York, the transfer of the government 

* The passage in brackets is annexed to the original act in a separate schedule. 



2I§ PENNSYLVANIA FRAME [Novembei' 

to Fletcher, the restoration of the province to Penn, and the 
appointment of Markham as governor, and continues:] 

2. Now for as much as the former frame of government, 
modelled by act of Settlement and Charter of Liberties, is not 
deemed in all respects sutably accommodated to our present Cir- 
cumstances Therefore It is unanimously Desired, that it may be 
Enacted. And Be it Enacted by the Governour aforesaid, with 
the advice and Consent of the Representatives of the freemen of the 
said Province and Territories in Assembly met, and by the Author- 
ity of the same, that this government shall, from time to time, 
Consist of the Governour or his Deputy or Deputies, and the 
freemen of the sd. Province and Territories thereof in form of a 
Council and Assembly. Which Council and Assembly shall be 
men of most note for virtue, wisdom & ability; and shall, from 
and after the tenth Day of the first month next. Consist of two 
persons out of each of the Counties of this government, to serve 
as the peoples Representatives in Council, and of four persons 
out of each of the said Counties to serve as Representatives in 
Assembly. For the election of which Representatives, It shall & 
may be lawful to & for all the freemen of this Province & Terri- 
tories afor-esaid to meet together on the tenth day of the first 
month yearly hereafter in the most Convenient and usual place 
for election within the respective Counties, then and there to 
choose their sd. representatives as aforesaid, Who shall meet on 
the tenth Day of the third moneth yearly in the Capital town of 
the sd. province, unless the Governour and Council shall think 
fit to appoint another place. 

3. And to the end. It may be known who those that in this 
Province & territories have right of, or be deemed, freemen to 
Choose or to be Chosen to serve in Council and Assembly as 
aforesaid : 

Be it Enacted by the authority aforesaid, That no Inhabitant 
of this Province or Territories, shall have right of electing, or 
being elected as aforesaid. Unless they be free Denizens of this 
government, and are of the age of Twenty one years or upwards, 
and have fifty acres of land, ten acres whereof being seated and 
cleared, or be otherwise worth fifty pounds lawful money of this 
government Clear estate, and have been Resident within this 
government for the space of two years next before such election. 

4. And whereas, divers persons within this government. Can- 



1696] PENNSYLVANIA FRAME 219 

not (for Conscience sake) take an oath upon any account what- 
soever : 

Be it therefore Enacted by the Authority aforesaid, That all any 
\and^ every such person and persons (being at any time hereafter 
required upon any lawful occasion to give evidence, or take an 
oath, in any Case whatsoever,) shall (instead of swearing) be 
permitted to make his or their solemn afifirmation, attest or 
Declar'n, Which shall be adjudged, and is hereby Enacted & 
Declared to be of the same force and effect, to all Intents and 
purposes whatsoever, as if they had taken an oath. And in case 
any such person or persons shall be Lawfully Convicted of having 
wilfully & Corruptly affirmed or Declared any matter or thing 
upon such Solemn afifirmation or attest, shall Incur the same 
penalties and forfeitures as by the Laws & Statutes of England, 
are provided against persons Convicted of wilful 6l Corrupt 
perjury: 

And be it further Eiiacted by the authority aforesaid, That all 
persons who shall be hereafter, either elected to serve in Council 
and Assembly, or Commissionated or appointed to be Judges, 
Justices, Masters of the Rolls, Sheriffs, Coroners, and all other 
offices of State and trust within This government, who shall 
Conscientiously scruple to take an oath; But (when Lawfully 
required) will make and subscribe by the Declaration & profes- 
sion of their Christian belief, according to the late act of Par- 
liament, made in the first year of king William & the Late Queen 
Mary, entituled an act for exempting their Majesties Protestant 
subjects Dissenting from the Church of England, from the pen- 
alties of certain Laws, shall be adjudged & are hereby Declared 
to be qualified to act in their said respective offices and places, 
and thereupon the several officers herein mentioned, shall instead 
of oathes, make their Solemn affirmation or declaration in man- 
ner and form as is herein after limited and expressed. . . . 

Provided ahvays and it is hereby intended, that no person shall 
be by this Act excused from Swearing, who by the Acts of Parlia- 
ment for trade and navigation, are or shall be required to take 
an oath. 

5. And that Elections may not be corruptly managed, on 
which the good of the government so much Depends; Be it 
further Enacted by the Authority aforesaid, That all Elections of 
the said Representatives shall be free and Voluntary, And that 



220 PENNSYLVANIA FRAME [November 

the elector who shall Receive any reward or gift for giving his 
vote, shall forfeit his right to elect for that year, And such person 
or persons as shall give or promise ainy such Reward to be elected, 
or that shall offer to serve for nothing, or less wages than the Law 
prescribes shall be thereby Rendered Incapable to serve in Coun- 
cil or Assembly for that year, And the Representatives so chosen 
either for Council or Assembly shall yield their attendance accord- 
ingly, and be the Sole Judges of the Regularity or Irregularity of 
the elections of their respective members, and if any person or 
persons. Chosen to Serve in Council or Assembly, shall be wil- 
fully absent from the service hee or they are so chosen to attend, 
or be Deceased or Rendered Incapable, then and in all such 
Cases it Shall be lawfull for the Governour within ten Days after 
knowledge of the same. To Issue forth a writt to the Sheriff of the 
County, for which the said person or persons were chosen, Imme- 
diately to summons the freemen of the same to elect another 
member, in the room of such Absent, Deceast or Incapable 
person or persons. . . . 

6. Be It further Enacted by the Authority aforesaid, that every 
Member now chosen or hereafter to be chosen by the freemen as 
aforesaid to Serve in Council, and the Speaker of the Assembly 
shall be allowed five shillings by the day, during his and their 
attendance, And every Member of Assembly shall be allowed four 
shillings by the day, during his attendance on the service of the 
Assembly, and that every Member of Council and Assembly shall 
be allowed towards their travelling Charges after the rate of two 
pence each mile both going to and coming from the place where 
the Council and Assembly is or Shall be held, all which sums 
shall be paid yearly, out of the County Levies, by the County 
receivers respectively. 

And Be It further Enacted by the Authority aforesaid, That 
the Governour or his Deputy shall always preside in the Council, 
and that hee shall at no time perform any public act of state 
whatsoever that shall or may Relate unto the Justice, treasury or 
trade of the Province and territories, but by and v/ith the advice 
and Consent of the Council thereof, or Major part of them that 

shall be present. 

*********** 

[8.] And Be It further Enacted by the Authority aforesaid, 
that the Council in all cases and matters of moment as about 



1696] PENNSYLVANIA FRAME 221 

erecting Courts of Justice, sitting in Judgment upon persons 
Impeached, and upon bills and other matters, that may be from 
time to time presented by the assembly, not Less than two thirds 
shall make a Quorum, and that the Consent and approbation of 
the majority of that Quorum, shall be had in all such cases and 
matters of moment, And that in Cases of Lesser moment not less 
than one third of the whole shall make a Quorum, the majority 
of which shall and jnay always Determine in all such matters of 
Lesser moment, as are not above specified and in case the Gov- 
ernour's power shall hereafter happen to be in the Council, a 
President shall then be Chosen out of themselves, by two thirds or 
the Major part of them, which President shall therein reside. . . . 
*********** 

And Be It further Enacted by the Authority aforesaid, That the 
Governour and Council for the time being, shall at all times settle 
and order the scituation of all Cities and Market Towns, model- 
ling therein all public buildings, Streets and Market places. And 
shall appoint all publick landing places of the Towns of this 
Province and Territories, and if any man's property shall be 
judged by the Governour and Council to be comodious for such 
Landing place in the said Towns, and that the same be by them 
appointed such, that the Owner shall have such reasonable satis- 
faction given him for the same as the Governour and Council shall 
see meet, to be paid by the said respective towns. 

*********** 

9. And Be It further Enacted by the Authority aforesaid, That 
the Representatives of the freemen when met in Assembly shall 
have power to prepare and propose to the Governor and Council 
all such Bills as they or the Major part of them, shall at any time 
see needful to be past into Laws, within the said Province and 
Territories. 

10. Provided always, that nothing herein Contained shall 
debar the Governour and Council from Recommending to the 
Assembly all such bills as they shall think fit to be past into 
laws, and that the Council and Assembly may upon Occasion 
confer together in Committies when desired all which said pro- 
posed and prepared Bills or such of them as the Governour with 
the advice of the Council, shall in Open Assembly, declare his 
assent unto, shall be the Laws of this Province and Territories 
thereof. . . . 



222 TREATY OF RYSWICK [Sept. 10/20 

11. And Be It further Enacted by the Authority aforesaid, 
That the Assembly shall sit upon their own Adjourments and 
Committies and continue, in order to prepare and propose bills, 
Redress grievances and Impeach Criminalls, or such persons as 
they shall think fit to be there Impeached, untill the Governour 
and Council for the time being shall Dismiss them, Which 
Assembly shall, notwithstanding such Dismiss, be capable of 
Assembling together, upon summons of the Governour and Coun- 
cil, at any time During that year, Two thirds of which Assembly 
in all cases shall make a Quorum. 

12. And Be It further Enacted by the Authority aforesaid. 
That all elections of Representatives fore Council and Assembly, 
and all questions to be determined by them shall be by the major 
parts of votes; . . . 



No. 45. Treaty of Ryswick 

September 10/20, 1697 

The war of the Palatinate, known in America as King William's, or 
Frontenac's, war, was the first of four intercolonial conflicts which, accom- 
panying in each case the outbreak of war between England and France in 
Europe, ended in the overthrow of the French power in America, and the 
absorption by England of the vast territory there claimed or held by its 
rival. The revocation of the Edict of Nantes, in 1685, had deprived the 
French Protestants of the religious and civil privileges which they had enjoyed 
since 1598; while the claim of Louis XIV. to the succession of the Palatinate, 
on the extinction of the male line, for Elizabeth, wife of the Duke of Orleans, 
the king's brother, was an open menace to the German states. The League 
of Augsburg, formed in 1686 between the Empire, Sweden, Spain, Bavaria, 
Saxony, and the Palatinate, was followed in 1689 by the Grand Alliance, in 
which England and Holland, under William of Orange, joined the powers of 
the League in resistance to France. The naval battle of La Hogue, in 1692, 
gave England the mastery of the sea ; but in the same year the French took 
Namur, and defeated the allies at Steinkirk. In 1695, however, William 
retook Namur, and important military operations on the continent came to 
an end. At the beginning of the war, William rejected an offer of colonial 
neutrality, and the colonies of both powers promptly took up arms ; but the 
English colonies in America were weakened by mutual jealousies and serious 
internal disturbances, while the French were vigorous and alert. The frontiers 
of New England and New York were ravaged by parties of French and Indians, 
to whom little effective resistance was opposed. In 1690 an expedition under 
Sir William Phipps took Port Royal, but a combined land and naval move-- 
ment against Canada failed ; and in 1691 Port Royal was retaken by the 



1697] TREATY OF RYSWICK 223 

French. In 1696-1697 a French expedition under DTberville took Pemaquid, 
St. John's, Newfoundland, and the fort at Hudson's Bay; but a proposed 
attack on New England was not carried out. Early in 1697 Louis offered 
concessions, and in September, after protracted negotiations, a treaty was 
signed at Ryswick, Only so much of the treaty as relates to America is 
given here. 

Referenxes. — Text in Chalmers's Collection of Treaties, I., 332-340, 
The war is treated at length in the general histories of the period ; see also 
Vz.xk.xn2ML^ Frontenac and New France ; Winsor's A^arr. and Crit Hist., IV., 
chap. 7. An interesting account of the negotiation of the treaty is given in 
Macaulay's History of England, IV., chap. 22. 

VII. The most Christian King shall restore to the said King 
of Great Britain, all countries, islands, forts, and colonies, 
wheresoever situated, which the English did posess before the 
declaration of this present war. And in like manner the King 
of Great Britain shall restore to the most Christian King all 
countries, islands, forts, and colonies, wheresoever situated, 
which the French did possess before the said declaration of war; 
and this restitution shall be made, on both sides, within the space 
of six months, or sooner if it can be done. . . . 

VIII. Commissioners shall be appointed on both sides, to 
examine and determine the rights and pretensions which either 
of the said Kings hath to the places situated in Hudson's Bay; 
but the possession of those places which were taken by the 
French, during the peace that preceded this present war, and 
were retaken by the English during this war, shall be left to the 
French, by virtue of the foregoing article. The capitulation 
made by the English on the fifth of September, 1696, shall be 
observed, according to its form and tenor; the merchandizes 
therein mentioned shall be restored; the governor of the fort 
taken there shall be set at liberty, if it be not already done; the 
differences arisen concerning the execution of the said capitula- 
tion, and the value of the goods there lost, shall be adjudged and 
determined by the said commissioners; who, immediately after 
the ratification of the present treaty, shall be invested with suffi- 
cient authority for settling the limits and confines of the lands 
to be restored on either side, by virtue of the foregoing article, 
and likewise for exchanging of land, as may conduce to the 
mutual interest and advantage of both Kings. 



224 PENNSYLVANIA CHARTER OF PRIVILEGES [Oct. 28/Nov. 8 

No. tUo. Pennsylvania Charter of Privileges 

October 28/ November 8, 1701 

Penn returned to Pennsylvania in December, 1699, and at once set him- 
self to reorganize the government and to quiet dissension. In this, however, 
he was opposed by David Lloyd, the leading member of the Assembly, and 
also attorney-general; while popular complaint of the frame of 1696 was soon 
followed by a request for a new constitution. Penn had not assented to the 
frame of 1696, and now held that the frame of 1683 had been, under Fletcher, 
only temporarily in abeyance. Early in 1700 he agreed to the appointment 
of a committee of the council and the assembly to draw up a new frame or 
charter; but no result was reached. A new committee was chosen by the 
assembly in October, but did not begin its deliberations until September, 
1701. In the meantime, efforts to adjust the differences with Delaware had 
failed, and there were reports of another movement in England to deprive 
Penn of his colony. These circumstances hastened agreement, and in Octo- 
ber the charter of privileges was signed and accepted. The charter continued 
in force until replaced by the State constitution of 1776, although the sons of 
Penn and the legal advisers of the Crown seem not to have admitted its valid- 
ity, alleging that it granted to the assembly more power than the charter of 
the province warranted. In 1702 the Delaware counties, availing themselves 
of a provision in the charter of privileges, established a separate assembly, and 
so continued until the formation of a State constitution in 1776. 

References. — Text in Votes mid Proceedings of the House of Representa- 
tives of Pennsylvania, I., part II., pp. l.-ili. On the dispute with Delaware, 
see eiSpecially Shepherd, op. cit, part II., chap. 6. 

[The document recites the grant of the charter of 1681, the 
deeds from the Duke of York, and the frame of 1683, together 
with Penn's promise either to restore the frame to the people of 
the province, or else to grant them one " better adapted to answer 
the present circumstances and conditions" of the colony, and 
continues ;] 

KNOW YE THEREFORE, That for the further Well-being 
and good Government of the said Province, and Territories; 
and in Pursuance of the Rights and Powers before-mentioned, 
I the said William Penn do declare, grant and confirm, unto all 
the Freemen, Planters, and Adventurers, and other Inhabitants of 
this Province and Territories, these following Liberties, Fran- 
chises and Privileges, so far as in me lieth, to be held, enjoyed, 
and kept, by the Freemen, Planters and Adventurers, and other 
Inhabitants of and in the said Province, and Territories there- 
unto annexed, for ever, 



I70I] PENNSYLVANIA CHARTER OF PRIVILEGES 225 

First, 

BECAUSE no People can be truly happy, the' under the 
greatest Enjoyment of civil Liberties, if abridged of the Free- 
dom of their Consciences, as to their Religious Profession and 
Worship : And Almighty God being the only Lord of Conscience, 
Father of Lights and Spirits; and the Author as well as Object of 
all divine Knowledge, Faith and Worship, who only doth en- 
lighten the Minds, and persuade and convince the Understand- 
ings of People, I do hereby grant and declare. That no Person 
or Persons, inhabiting in this Province or Territories, who shall 
confess and acknowledge One almighty God, the Creator, Up- 
holder and Ruler of the World; and profess him, or themselves, 
obliged to live quietly under the civil Government, shall be in 
any Case molested or perjudiced, in his or their Person or 
Estate, because of his or their conscientious Perswasion or Prac- 
tice, nor be compelled to frequent or maintain any religious 
Worship, Place or Ministry, contrary to his or their Mind, or to 
do or suffer any other Act or Thing, contrary to their religious 
Perswasion. 

AND that all Persons who also profess to believe in Jesus 
Christ, the Saviour of the World, shall be capable (notwith- 
standing their other Perswasions and Practices in Point of Con- 
science and Religion to) serve this Government in any Capacity, 
both legislatively and executively, he or they solemnly promising, 
when lawfully required, Allegiance to the King as Sovereign, and 
Fidelity to the Proprietary and Governor, and taking the Attests 
as now established by the Law made at Neivcastle, in the Year 
One Thousand and Seven Hundred, intituled. An Act directing 
the Attests of several Officers and Ministers, as now amended and 
confirmed this present Assembly. 

IL 

FOR the well governing of this Province and Territories, there 
shall be an Assembly yearly chosen by the Freemen thereof, to 
consist of Four Persons out of each County, of most Note for 
Virtue, Wisdom and Ability (or of a greater Number at any Time, 
as the Governor and Assembly shall agree) upon the first Day of 
October for ever; and shall sit on the fourteenth Day of the 
same Month at Philadelphia, unless the Governor and Council 
for the Time being, shall see Cause to appoint another Place 
Q 



226 PENNSYLVANIA CHARTEE OF PRIVILEGES [Oct. 28/Nov. 8 

within the said Province or Territories : Which Assembly shall 
have Power to chuse a Speaker and other their Officers; and shall 
be judges of the Qualifications and Elections of their own Mem- 
bers; sit upon their own Adjournments; appoint Committees; 
prepare Bills, in order to pass into Laws; impeach Criminals, 
and redress Grievances; and shall have all other Powers and 
Privileges of an Assembly, according to the Rights of the Free- 
born Subjects of England, and as is usual in any of the King's 
Plantations in America. 

AND if any County or Counties, shall refuse or neglect to 
chuse their respective Representatives as aforesaid, or if chosen, 
do not meet to serve in Assembly, those who are so chosen and 
met, shall have the full Power of an Assembly, in as ample 
Manner as if all the Representatives had been chosen and met, 
provided they are not less than Two Thirds of the whole Number 
that ought to meet. 

AND that the Qualifications of Electors and Elected, and all 
other Matters and Things relating to Elections of Representa- 
tives to serve in Assemblies, tho' not herein particularly ex- 
pressed, shall be and remain as by a Law of this Government, 
made at Newcastle in the Year 07ie Thousand Seven Hundred, 
intituled, An Act to ascertain the Number of Members of Assembly, 
and to regulate the Elections. 

III. 

THAT the Freemen in each respective County, at the Time 
and Place of Meeting for Electing their Representatives to serve 
in Assembly, may, as often as there shall be Occasion, chuse a 
double Number of Persons to present to the Governor for Sheriffs 
and Coroners, to serve for Three Years, if so long they behave 
themselves well; out of which respective Elections and Present- 
ments, the Governor shall nominate and commissionate one for 
each of the said Offices, the third Day after such Presentment, 
or else the first named in such Presentment, for each Office as 
aforesaid, shall stand and serve in that Office for the Time before 
respectively limited; and in case of Death or Default, such 
Vacancies shall be supplied by the Governor, to serve to the 
End of the said Term. 

PROVIDED ALWAYS, That if the said Freemen shall, at 
any Time, neglect, or decline to chuse a Person or Persons for 



i7oi] PENNSYLVANIA CHARTER OF PRIVILEGES 22/ 

either or both the aforesaid Ofifices, then and in such Case, the 
Persons that are or shall be in the respective Offices of Sheriffs 
or Coroners, at the Time of Election, shall remain therein, until 
they shall be removed by another Election as aforesaid. 

AND that the Justices of the respective Counties, shall or may 
nominate and present to the Governor three Persons, to serve for 
Clerk of the Peace for the said County when there is a Vacancy, 
one of which the Governor shall commissionate within ten Days 
after such Presentment, or else the first nominated, shall serve in 
the said Office during good Behaviour, 

[Article IV. relates to the style and record of the laws.] 

V. 

THAT all Criminals shall have the same Privileges of Wit- 
nesses and Council as their Prosecutors. 

VI. 

THAT no Person or Persons shall, or may, at any Time here- 
after, be obliged to answer any Complaint, Matter or Thing what- 
soever relating to Property, before the Governor and Council, or 
in any other Place, but in ordinary Course of Justice, unless 
Appeals thereunto shall be hereafter by Law appointed. 

VII. 

THAT no Person within this Government shall be licensed by 
the Governor to keep an Ordinary, Tavern, or House of publick 
Entertainment, but such who are first recommended to him, under 
the Hands of the Justices of the respective Counties, signed in 
open Court; which Justices are and shall be hereby impowered, 
to suppress and forbid any Person, keeping such Publick-house 
as aforesaid, upon their Misbehaviour, on such Penalties as the 
Law doth or shall direct; and to recommend others from time to 
time as they shall see Occasion. 

VIII. 

IF any Person, through Temptation or Melancholy, shall 
destroy himself, his Estate, real and personal, shall, notwith- 
standing, descend to his Wife and Children, or Relations, as if 
he had died a natural Death; and if any Person shall be 



228 PENNSYLVANIA CHARTER OF RRIVILEGES [Oct. 28/Nov. 8 

destroyed or killed by Casualty or Accident, there shall be no 
Forfeiture to the Governor by Reason thereof. 

AND no Act, Law or Ordinance whatsoever shall, at any Time 
hereafter, be made or done, to alter, change or diminish the 
Form or Effect of this Charter, or of any Part or Clause therein, 
contrary to the true Intent and Meaning thereof, without the 
Consent of the Governor for the Time being, and Six Parts of 
Seven of the Assembly met. 

BUT because the Happiness of Mankind depends so much 
upon the Enjoying of Liberty of their Consciences as aforesaid, 
I do hereby solemnly declare, promise and grant, for me, my 
Heirs and Assigns, That the first Article of this Charter relating 
to Liberty of Conscince, and every Part and Clause therein, 
according to the true Intent and Meaning thereof, shall be kept 
and remain, without any Alteration, inviolably for ever. 

*********** 

AND NOTWITHSTANDING the Closure and Test of this 
present Charter as aforesaid, I think fit to add this following 
Proviso thereunto, as Part of the same, That is to say, That not- 
withstanding any Clause or Clauses in the above-mentioned 
Charter, obliging the Province and Territories to join together 
in Legislation, I am content, and do hereby declare. That if the 
Representatives of the Province and Territories shall not here- 
after agree to join together in Legislation, and that the same 
shall be signified unto me, or my Deputy, in open Assembly, or 
otherwise, from under the Hands and Seals of the Representa- 
tives, for the Time being, of the Province and Territories, or 
the major Part of either of them, at any Time within Three 
Years from the Date hereof, that in such Case, the Inhabitants 
of each of the Three Counties of this Province, shall not have 
less than Eight Persons to represent them in Assembly for the 
Province; and the Inhabitants of the Town of Philadelphia 
(when the said Town is incorporated) Two Persons to represent 
them in Assembly; and the Inhabitants of each County in the 
Territories, shall have as many Persons to represent themj^ in 
a distinct Assembly for the Territories, as shall be by them 
requested as aforesaid. 

NOTWITHSTANDING which Separation of the Province 
and Territories, in Respect of Legislation, I do hereby promise, 
grant and declare, That the Inhabitants of both Province and 



I70I] TREATY OF UTRECHT 229 

Territories, shall separately enjoy all other Liberties, Privileges 
and Benefits, granted jointly to them in this Charter, any Law, 
Usage or Custom of this Government heretofore made and prac- 
tised, or any Law made and passed by this General Assembly, 
to the contrary hereof notwithstanding. 



No. 47. Treaty of Utrecht 

March 31/April 11, 1713 

By the second partition treaty between William III. and Louis XIV., in 
1700, it had been agreed that the Spanish succession, on the death of Charles 
II., should go to the Archduke Charles, son of the Emperor Leopold. But 
Charles II. by will bequeathed all his possessions to Philip, Duke of Anjou, 
grandson of Louis, though with the proviso that the crowns of France and 
Spain should never be united; and, on the death of Charles, Louis claimed 
the inheritance for Philip. The seizure of the barrier fortresses, early in 1701, 
was soon followed by war in Italy between Leopold and the combined French 
and Spanish forces. William placed Marlborough in command of the English 
forces in the Netherlands, and in September formed, with Austria and the 
Dutch Republic, the so-called Grand Alliance. The death of William, in 
March, 1702, did not interrupt the war, and the Grand Alliance was shortly 
joined by most of the German princes. The European phases of the war of 
the Spanish Succession, and the careers of Marlborough and Prince Eugene 
of Savoy, do not call for discussion here. In America, where the war is 
known as Queen Anne's war, the most important movements were in connec- 
tion with the repeated attempts to conquer some part of the French pos- 
sessions. After two unsuccessful expeditions, in 1704 and 1707, against 
Acadia, Port Royal finally surrendered, in 1710, to the English; but a com- 
bined land and naval demonstration against Canada came to nothing. In 
September, 171 1, preliminary articles of peace were signed; the conferences 
of the commissioners began in January, 1712, at Utrecht; and March 31/ 
April II, 1713, the treaty was concluded. Only the articles relating to 
America are given here. 

References. — Text in Chalmers's Collection of Treaties, I., 340-386. 
Mahon's History of England \during tke'\ Reign of Anne covers the period 
of the war; see also Lecky's England in the Eighteenth Century (Amer. ed.), 
I., 26-54, 106-158; Parkman's Half Century of Conflict. 

X, The said most Christian King shall restore to the kingdom 
and Queen of Great Britain, to be possessed in full right for 
ever, the bay and streights of Hudson, together with all lands, 
seas, sea-coasts, rivers, and places situate in the said bay and 
streights, and which belong thereunto, no tracts of land or of 



230 TREATY OF UTRECHT [March 31 /April 11 

sea being excepted, which are at present possessed by the sub- 
jects of France. All which, as well as any buildings there made, 
in the condition they now are, and likewise all fortresses there 
erected, either before or since the French seized the same, 
shall, within six months from the ratification of the present 
treaty, or sooner, if possible, be well and truly delivered to the 
British subjects, having commission from the Queen of Great 
Britain to demand and receive the same, entire and unde- 
molished, together with all the cannon and cannon-ball which 
are therein, as also with a quantity of powder, if it be there 
found, in proportion to the cannon-ball, and with the other pro- 
vision of war usually belonging to cannon. It is, however, pro- 
vided, that it may be entirely free for the company of Quebec, 
and all other the subjects of the most Christian King whatsoever, 
to go by land, or by sea, whithersoever they please, out of the 
lands of the said bay, together with all their goods, merchan- 
dizes, arms, and effects, of what nature or condition soever, 
except such things as are above reserved in this article. But it 
is agreed on both sides, to determine within a year, by com- 
missaries to be forthwith named by each party, the limits which 
are to be fixed between the said Bay of Hudson and the places 
appertaining to the French; which limits both the British and 
French subjects shall be wholly forbid to pass over, or thereby 
to go to each other by sea or by land. The same commissaries 
shall also have orders to describe and settle, in like manner, the 
boundaries between the other British and French colonies in 
those parts. 

XI. The abovementioned most Christian King shall take care 
that satisfaction be given, according to the rule of justice and 
equity, to the English company trading to the Bay of Hudson^ 
for all damages and spoil done to their colonies, ships, persons, 
and goods, by the hostile incursions and depredations of the 
French, in time of peace, an estimate being made thereof by 
commissaries to be named at the requisition of each party. The 
same commissaries shall moreover inquire as well into the com- 
plaints of the British subjects concerning ships taken by the 
French in time of peace, as also concerning the damages sus- 
tained last year in the island called Montserat, and others, as 
into those things of which the French subjects complain, relating 
to the capitulation in the island of Nevis, and castle of Gambia, 



1713] TREATY OF UTRECHT 23 1 

also to French ships, if perchance any such have been taken by 
British subjects in time of peace; and in like manner into all 
disputes of this kind, which shall be found to have arisen between 
both nations, and which are not yet ended; and due justice 
shall be done on both sides without delay. 

XII. The most Christian King shall take care to have delivered 
to the Queen of Great Britain, on the same day that the ratifica- 
tions of this treaty shall be exchanged, solemn and authentic 
letters, or instruments, by virtue whereof it shall appear, that the 
island of St. Christopher's is to be possessed alone hereafter by 
British subjects, likewise all Nova Scotia or Acadie, with its 
ancient boundaries, as also the city of Port Royal, now called 
Annapolis Royal, and all other things in those parts, which 
depend on the said lands and islands, together with the dominion, 
propriety, and possession of the said islands, lands, and places, 
and all right whatsoever, by treaties, or by any other way obtained, 
which the most Christian King, the crown of France, or any the 
subjects thereof, have hitherto had to the said islands, lands, and 
places, and the inhabitants of the same, are yielded and made 
over to the Queen of Great Britain, and to her crown, for ever, 
as the most Christian King doth at present yield and make over 
all the particulars abovesaid; and that in such ample manner and 
form, that the subjects of the most Christian King shall hereafter 
be excluded from all kind of fishing in the said seas, bays, and 
other places, on the coasts of Nova Scotia, that is to say, on 
those which lie towards the east, within 30 leagues, beginning 
from the island commonly called Sable, inclusively, and thence 
stretching along towards the south-west. 

XIII. The island called Newfoundland, with the adjacent 
islands, shall from this time forward belong of right wholly to 
Britain; and to that end the town and fortress of Placentia, and 
whatever other places in the said island are in the possession of 
the French, shall be yielded and given up, within seven months 
from the exchange of the ratifications of this treaty, or sooner, 
if possible, by the most Christian King, to those who have a 
commission from the Queen of Great Britain for that purpose. 
Nor shall the most Christian King, his heirs and successors, or 
any of their subjects, at any time hereafter, lay claim to any 
right to the said island and islands, or to any part of it, or them. 
Moreover, it shall not be lawful for the subjects of France to 



232 TREATY OF UTRECHT [March 31 /April ii 

fortify any place in the said island of Newfoundland, or to erect 
any buildings there, besides stages made of boards, and huts 
necessary and usual for drying of fish; or to resort to the said 
island, beyond the time necessary for fishing, and drying of 
fish. But it shall be allowed to the subjects of France to catch 
fish, and to dry them on land, in that part only, and in no other 
besides that, of the said island of Newfoundland, which stretches 
from the place called Cape Bonavista to the northern point of 
the said island, and from thence running down by the western 
side, reaches as far as the place called Point Riche. But the 
island called Cape Breton, as also all others, both in the mouth 
of the river of St. Lawrence, and in the gulph of the same name, 
shall hereafter belong of right to the French, and the most Chris- 
tian King shall have all manner of liberty to fortify any place or 
places there. 

XIV. It is expressly provided, that in all the said places and 
colonies to be yielded and restored by the most Christian King, 
in pursuance of this treaty, the subjects of the said King may 
have liberty to remove themselves, within a year, to any other 
place, as they shall think fit, together with all their moveable 
effects. But those who are willing to remain there, and to be 
subject to the Kingdom of Great Britain, are to enjoy the free 
exercise of their religion, according to the usage of the church of 
Rome, as far as the laws of Great Britain do allow the same. 

XV. The subjects of France inhabiting Canada, and others, 
shall hereafter give no hinderance or molestation to the five 
nations or cantons of Indians, subject to the dominion of Great 
Britain, nor to the other natives of America, who are friends to 
the same. In like manner, the subjects of Great Britain shall 
behave themselves peaceably towards the Americans who are sub- 
jects or friends to France; and on both sides they shall enjoy 
full liberty of going and coming on account of trade. As also 
the natives of those countries shall, with the same liberty, resort, 
as they please, to the British and French colonies, for promoting 
trade on one side and the other, without any molestation or hin- 
derance, either on the part of the British subjects or of the 
French. But it is to be exactly and distinctly settled by com- 
missaries, who are, and who ought to be accounted the subjects 
and friends of Britain or of France. 



17 13] EXPLANATORY MASSACHUSETTS CHARTER 233 

No. 48. Explanatory Charter of Massa- 
chusetts 

August 26/ September 6, 1725 

The oiigin of the so-called explanatory chatter of Massachusetts is to be 
found in the disputes between Governor Samuel Shute and the General Court. 
When Shute assumed his oflice, in 1716, a sharp controversy was in progress 
over the question of paper money and a public bank. Shute sided with the 
party who favored a bank, and thereby aroused the political opposition of the 
opponents of that scheme. In 1720 the House of Representatives chose as 
their speaker Elisha Cooke, who had espoused the cause of the people of 
Maine in a dispute about the right of cutting timber in the district, and had, 
in consequence, been rejected as councillor. Shute now disapproved of the 
choice of Cooke as speaker; and, on the House refusing to elect another, 
dissolved the General Court. In 1721 the House adjourned for a week with- 
out the consent of the governor, — a proceeding which the latter claimed was 
in violation of the charter. Eventually Shute carried the controversy to 
England, and laid his case before the Privy Council. The explanatory charter, 
issued Aug. 26/Sept. 6, 1725, was prudently accepted by the General Court 
Jan. 15/26, 1725/6. - 

References. — Text in Acts and Resolves of the Province of Massachusetts 
Bay, I., 21-23. 

[The charter recites the grant of the province charter of 1691, 
and continues:] 

^nti SJEijercas. their said late Majesties King William and 
Queen Mary did by the said recited letters Patents (amongst 
other things therein contained) for themselves their Heires and 
Successors Ordain and Grant that there should and might be 
Convened held and kept by the Governor for the time being 
upon every last Wednesday in the Month of May every year for- 
ever and at all such other times as the Governor of their said 
Province should think fitt and Appoint a Great and Generall 
Court or Assembly which . . . should Consist of the Governour 
and Council or Assistants for the time being and of such Free- 
holders of their said Province or Territory as should be from 
time to time elected or deputed by the major part of the Free- 
holders and other Inhabitants of the respective Towns or places 
who should be present at such Elections each of the said Towns 
and places being thereby impowered to Elect and Depute two 
Persons and no more to Serve for and represent them respec- 
tively in the said Great and Generall Court or Assembly and that 



234 EXPLANATORY MASSACHUSETTS CHARTER [Aug. 26/ Sept. 6 

the Governor for the time being should have full Power and 
Authority from time to time as he should Judge necessary to 
adjourn Prorogue and Dissolve all Great and General Courts or 
Assemblies met and Convened as aforesaid And did thereby 
also . . . Ordain that in the Framing and Passing of all Orders 
laws Statutes and Ordinances and in all Elections and Acts of 
Government whatsoever to be passed made or done by the said 
General Court or Assembly or in Council the Governor . . . should 
have the Negative Voice and that without his Consent or Appro- 
bation Signified and Declared in writing no such Orders laws 
Statutes Ordinances Elections or other Acts of Government what- 
soever . . . should be of any force Effect or Validity. . . , 'En'Q 
?12E|)er£a0 no Provision is made by the said recited letters Patents 
touching the Nomination and Election of a Speaker of the Rep- 
resentatives Assembled in any Great and Generall Court of Our 
said Province nor any particular Reservation made of the Right 
of Us Our Heires and Successors to approve or disapprove of 
such Speaker by the Governor of the said Province. . . . And 
no power is Granted ... to the said House of Representatives 
to adjourn themselves for any time whatsoever by means whereof 
divers Doubts and Controversies have Arisen within Our said 
Province to the Interruption of the Publick Business thereof and 
the obstruction of Our Service IS^noto g£e therefore that for 
removing the said Doubts and Controversies and preventing the 
like mischiefs for the future And also for the further Explanation 
of the said recited letters Patents Wee ... by these Presents . . . 
Do Will Grant Ordain and Appoint that for ever hereafter the 
Representatives Assembled in any Great or General Court of Our 
said Province to be hereafter Summoned shall upon the first day 
of their Assembling Elect a fit Person out of the said Represen- 
tatives to be Speaker of the House of Representatives in such 
General Court and that the Person so Elected shall from time to 
time be presented to the Governor of Our said Province for the 
time being or in his absence to the lieutenant Governor or Com- 
mander in Chief of Our said Province for the time being for his 
Approbation to which Governor lieutenant Governor and Com- 
mander in Chief respectively Wee do hereby . . . Give full power 
and Authority to approve or disapprove of the Person so Elected 
and presented which approbation or disapprobation shall be Sig- 
nifyed by him by Message in writing under his Hand to the said 



1725] CHARTER OF GEORGIA 235 

House of Representatives And in Case such Governour lieu- 
tenant Governor or Commander in Chief shall disapprove of the 
Person so Elected and presented or the Person so Elected and 
presented being approved as aforesaid shall happen to dye or by 
Sickness or otherwise be disabled from Officiating as Speaker in 
every such Case the said Representatives so Assembled shall forth- 
with Elect an other Person to be Speaker ... to be presented and 
approved or disapproved in manner as aforesaid. . . . Ilut) . . . 
\further\ . . . Wee do . . . Grant Ordain and Appoint that it 
shall and may be lawful! to and for the Representatives assembled 
in any Great or Generall Court of Our said Province ... to 
Adjourn themselves from day to day (and if occasion shall 
require) for the space of two days but not for any longer time 
than for the space of two days without leave from the Governor 
or in his Absence [from] the lieutenant Governor or Commander 
in Chief of Our said Province for the time being first had and. 
obtained in that behalfe any thing in the said recited letters 
Patents contained to the Contrary thereof in any wise Notwith- 
standing pratiilicti always that nothing in these presents contained 
shall Extend or be Construed to Extend to revoke alter or preju- 
dice the Power and Authority by the said recited letters Patents 
Granted to the Governor ... to Adjourn Prorogue and Dis- 
solve all Great and General Courts or Assemblies of Our said 
Province. ... 



No. 49. Charter of Georgia 

June 9/20, 1732 

The plan for a colony in Georgia originated with James Edward Ogle- 
thorpe, an English gentleman of good family, who had served with distinction 
under Prince Eugene of Savoy, and later had entered the House of Commons. 
Oglethorpe's sympathies having been enlisted on behalf of imprisoned debtors 
and discharged prisoners, he conceived the idea of establishing in America a 
colony where worthy persons of those classes could get a new start in life. 
The charter granted to trustees certain territory south of the Savannah river, 
which had originally formed part of South Carolina, but had been retained 
by the Crown when the Carolinas were surrendered by the proprietors in 1729. 
To this was added the one-eighth interest retained by Carteret at the time of 
the surrender, and which he now conveyed to the trustees. The charter was 
surrendered in 1752, and Georgia became a royal province. 

References. — Text in Poore's Federal and State Constitutions, I., 369- 
377. 'Y\i*t Journal of the trustees has been privately printed (1886). Various 



236 CHARTER OF GEORGIA June 9/20 

contemporary accounts are reprinted in the Collections of the Georgia -Hist. 
Society, and in Force's Tracts, I. See also Winsor's Narr. and Crit. Hist., V., 
chap. 6; and early documents in Charles Lee's Report on Claims to Lands in 
the Southwestern Parts of the United States, in Amer. State Papers, Public 
Lands, I., 34-67. 

GEORGE the second, [&c] . . . 

Whereas we are credibly informed, that many of our poor sub- 
jects are, through misfortunes and want of employment, reduced 
to great necessity, insomuch as by their labor they are not able to 
provide a maintenance for themselves and families; and if they 
had means to defray their charges of passage, and other expences, 
incident to new settlements, they would be glad to settle in any 
of our provinces in America where by cultivating the lands, at 
present waste and desolate, they might not only gain a comfort- 
able subsistence for themselves and families, but also strengthen 
our colonies and increase the trade, navigation and wealth of 
these our realms. And whereas our provinces in North America, 
have been frequently ravaged by Indian enemies; more espe- 
cially that of South-Carolina, which in the late war, by the 
neighboring savages, was laid waste by fire and sword, and great 
numbers of English inhabitants, miserably massacred, and our 
loving subjects who now inhabit them, by reason of the smallness 
of their numbers, will in case of a new war, be exposed to the 
late \likel'\ calamities; inasmuch as their whole southern frontier 
continueth unsettled, and lieth open to the said savages — And 
whereas we think it highly becoming our crown and royal dig- 
nity, to protect all our loving subjects, be they never so distant 
from us; to extend our fatherly compassion even to the meanest 
and most infatuated of our people, and to relieve the wants of 
our above mentioned poor subjects; and that it will be highly 
conducive for accomplishing those ends, that a regular colony 
of the said poor people be settled and established in the southern 
territories of Carolina. And whereas we have been well assured, 
that if we will be graciously pleased to erect and settle a cor- 
poration, for the receiving, managing and disposing of the 
contributions of our loving subjects: divers persons would be 
induced to contribute to the purposes aforesaid — Know ye there- 
fore, that we have, for the considerations aforesaid, and for the 
better and more orderly carrying on of the said good purposes 
. . . , willed, ordained, constituted and appointed, and by 



1732] CHARTER OF GEORGIA 237 

these presents, for us, our heirs and successors, do will, ordain, 
constitute, declare and grant, that our right trusty and well be- 
loved John, lord-viscount Purcival, of our kingdom of Ireland, 
our trusty and well beloved Edward Digby, George Carpenter, 
James Oglethorpe, George Heathcote, Thomas Tower, Robert 
Moore, Robert Hucks, Roger Holland, William Sloper, Francis 
Eyles, John Laroche, James Vernon, William Beletha, esquires, 
A. M. John Burton, B. D. Richard Bundy, A. M. Arthur Bed- 
ford, A. M. Samuel Smith, A. M. Adam Anderson and Thomas 
Corane, gentleman; and such other persons as shall be elected in 
the manner herein after mentioned, and their successors to be 
elected in the manner herein after directed; be, and shall be one 
body politic and corporate, in deed and in name, by the name 
of the Trustees for establishing the colony of Georgia in America; 
. . . and that they and their successors by that name shall and 
may forever hereafter, be persons able and capable in the law, 
to purchase, have, take, receive and enjoy, to them and their 
successors, any manors, messuages, lands, tenements, rents, ad- 
vowsons, liberties, privileges, jurisdictions, franchises, and other 
hereditaments whatsoever, lying and being in Great Britain, or 
any part thereof, of whatsoever nature, kind or quality, or value 
they be, in fee and in perpetuity, not exceeding the yearly value 
of one thousand pounds, beyond reprises; also estates for lives, 
and for years, and all other manner of goods, chattels and things 
whatsoever they be; for the better settling and supporting, and 
maintaining the said colony, and other uses aforesaid; and to 
give, grant, let and demise the said manors, messuages, lands, 
tenements, hereditaments, goods, chattels and things whatsoever 
aforesaid, by lease or leases, for term of years, in possession at 
the time of granting thereof, and not in reversion, not exceeding 
the term of thirty-one years, from the time of granting thereof; 
on which in case no fine be taken, shall be reserved the full, and 
in case a fine be taken, shall be reserved at least a moiety of the 
value that the same shall reasonably and bona fide be worth at the 
time of such demise; and that they and their successors, by 
the name aforesaid, shall and may forever hereafter, be persons 
able, capable in the law, to purchase, have, take, receive, and 
enjoy, to them and their successors, any lands, territories, pos- 
sessions, tenements, jurisdictions, franchises and hereditaments 
whatsoever, lying and being in America, of what quantity, quality 



238 CHARTER OF GEORGIA [June 9/20 

or value whatsoever they be, for the better settling and supporting 
and maintaining the said colony; . . . And we do further grant 
. . . that the said corporation, and the common council of the 
said corporation, hereinafter by us appointed, may from time to 
time, and at all times, meet about their affairs when and where 
they please, and transact and carry on the business of the said 
corporation. And for the better execution of the purposes afore- 
said, we do . . . give & grant to the said corporation, and their 
successors, that they and their successors, forever, may upon the 
third Thursday in the month of March, yearly, meet at some 
convenient place to be appointed by the said corporation, or 
major part of them who shall be present at any meeting of the 
said corporation, to be had for the appointing of the said place; 
and that they, or two thirds of such of them, that shall be present 
at such yearly meeting, and at no other meeting of the said cor- 
poration, between the hours of ten in the morning and four in 
the afternoon of the same day, choose and elect such person or 
persons to be members of the said corporation, as they shall think 
beneficial to the good designs of the said corporation. [The 
council may, from the corporation, fill vacancies caused by death 
or resignation; and all members shall be sworn.] And our will 
and pleasure is, that the first president of the said corporation is 
and shall be our trusty and well-beloved, the said Lord John 
Viscount Percival ; and that the said president shall, within 
thirty days after the passing this charter, cause a summons to be 
issued to the several members of the said corporation herein 
particularly named, to meet at such time and place as he shall 
appoint, to consult about and transact the business of said cor- 
poration. And our will and pleasure is, and we, by these pres- 
ents . . . , grant, ordain, and direct, that the common council of 
this corporation shall consist of fifteen in number; and we do, 
by these presents, nominate, constitute, and appoint . . . John 
Lord Viscount Percival, . . . Edward Digby, George Carpenter, 
James Oglethorpe, George Heathcote, Thomas Laroche, James 
Vernon, William Beletha, esqrs., and Stephen Hales, Master of 
Arts, to be the common council of the said corporation, to con- 
tinue in the said office during their good behavior. And whereas 
it is our royal intention, that the members of the said corporation 
should be increased by election, as soon as conveniently may be, 
to a greater number than is hereby nominated; ... we do hereby 



1732] CHARTER OF GEORGIA 239 

. . . ordain and direct, that from the time of such increase of 
the members of the said corporation, the number of tlie com- 
mon council shall be increased to twenty-four; and that the same 
assembly at which such additional members of the said corpora- 
tion shall be chosen, there shall likewise be elected in the man- 
ner hereinbefore directed for the election of common council 
men, nine persons to be the said common council men, and to 
make up the number twenty-four. And our further will and 
pleasure is, that . . . Edward Digby, esquire, shall be the first 
chairman of the common council of the said corporation; and 
that the said lord-viscount Purcival shall be, and continue, presi- 
dent of the said corporation, and that the said Edward Digby 
shall be and continue chairman of the common council of the 
said corporation, respectively, until the meeting which shall be 
had next and immediately after the first meeting of the said cor- 
poration, or of the common council of the said corporation 
respectively, and no longer; at which said second meeting, and 
every other subsequent and future meeting of the said corpora- 
tion or of the common council of the said corporation respec- 
tively, in order to preserve an indifferent rotation of the several 
offices, of president of the corporation, and of chairman of the 
common council of the said corporation we do direct and ordain 
that all and every the person and persons, members of the said 
common council for the time being, and no other, being present 
at such meetings, shall severally and respectively in their turns, 
preside at the meetings which shall from time to time be held of 
the said corporation, or of the common council of the said cor- 
poration respectively : and in case any doubt or question shall 
at any time arise touching or concerning the right of any mem- 
ber of the said common council to preside at any meeting of the 
said corporation, or at the common council of the said corpora- 
tion, the same shall respectively be determined by the major part 
of the said corporation, or of the common council of the said 
corporation respectively, who shall be present at such meeting. 
Provided always, that no member of the said common council hav- 
ing served in the offices of president of the said corporation, or of 
chairman of the common council of the said corporation, shall 
be capable of being, or of serving as president or chairman at 
any meeting of the said corporation, or common council of the 
said corporation next and immediately ensuing that in which he 



240 CHARTER OF GEORGIA [June 9/20 

SO served as president of the said corporation or chairman of the 
said common council of the said corporation respectively; unless 
it shall so happen that at any such meeting of the said corpora- 
tion, there shall not be any other member of the said common 
council present. And our will and pleasure is, that at all and 
every of the meetings of the said corporation, or of the common 
council of the said corporation, the president or chairman for 
the time being, shall have a voice and shall vote, and shall act as 
a member of the said corporation or of the common council of 
the said corporation, at such meeting; and in case of any equality 
of votes, the said president or chairman for the time being, shall 
have a casting vote. And our further will and pleasure is, that 
no president of the said corporation, or chairman of the com- 
mon council of the said corporation, or member of the said com- 
mon council or corporation, by us by these presents appointed, 
or hereafter from time to time to be elected and appointed in 
manner aforesaid, shall have, take, or receive, directly or indi- 
rectly, any salary, fee, perquisite, benefit or profit whatsoever, 
for or by reason of his or their serving the said corporation, or 
common council of the said corporation, or president, chairman 
or common council-man, or as being a member of the said cor- 
poration. And our will and pleasure is, that the said herein 
before appointed president, chairman or common council-men, 
before he and they act respectively as such, shall severally take 
an oath for the faithful and due execution of their trust, to be 
administered to the president by the Chief Baron of our Court 
of Exchequer, for the time being, and by the president of the 
said corporation to the rest of the common council, who are 
hereby authorised severally and respectively, to administer the 
same. And our will and pleasure is, that all and every person and 
persons, \_who~\ shall have in his or their own name or names, or 
in the name or names of any person or persons in trust for him or 
them, or for his or their benefit, any place, office or employment 
of profit, under the said corporation, shall be incapable of being 
elected a member of the said corporation; and if any member of 
the said corporation during such time as he shall continue a 
member thereof, shall in his own name or in the name of any 
person or persons, in trust for him or for his benefit, have, hold 
or exercise, accept, possess or enjoy, any office, place or employ- 
ment of profit, under the said corporation, or under the common 



1732] CHARTER OF GEORGIA 24I 

council of the said corporation — such member shall from the 
time of his having, holding, exercising, accepting possessing and 
enjoying such office, place and employment of profit, cease to 
be a member of the said corporation. And we do . . . grant unto 
the said corporation, that they and their successors or the major 
part of such of them as shall be present at any meeting of the 
said corporation, convened and assembled for that purpose by a 
convenient notice thereof, shall have power from time to time, 
and at all times hereafter, to authorize and appoint such persons 
as they shall think fit to take subscriptions, and to gather and 
collect such moneys as shall be by any person or persons con- 
tributed for the purposes aforesaid; and shall and may revoke 
and make void such authorities and appointments, as often as 
they shall see cause so to do. And we do hereby . . . ordain and 
direct, that the said corporation every year lay an account in 
writing before the chancellor, or speaker, or commissioners, for 
the custody of the great seal of Great-Britain . . . ; the Chief 
Justice of the Court of Kings' Bench, the Master of Rolls the 
Chief Justice of the Court of Common Pleas, and the chief Baron 
of the Exchequer . . . , or any two of them; of all moneys and 
effects by them received or expended, for carrying on the good 
purposes aforesaid. And we do hereby . . . give and grant unto 
the said corporation, and their successors, full power and au- 
thority to constitute, ordain and make, such and so many by-laws, 
constitutions, orders and ordinances, as to them, or the greater 
part of them, at their general meeting for that purpose, shall 
seem necessary and convenient for the well ordaining and gov- 
erning of the said corporation; and the said by-laws, constitu- 
tions, orders and ordinances, or any of them, to alter and annul, 
as they or the major part of them then present shall see requisite; 
and in and by such by-laws, rules, orders and ordinances, to sell, 
impose and inflict, reasonable pains and penalties upon any 
offender or offenders, who shall trangress, break or violate the 
said by-laws, constitutions, orders and ordinances . . . , and to 
mitigate the same as they or the major part of them then present 
shall think convenient; which said pains and penalties, shall and 
may be levied, sued for, taken, retained and recovered, by the 
said corporation and their successors, by their officers and ser- 
vants, from time to time, to be appointed for that purpose, by 
action of debt, or by any other lawful ways or means, to the use 



242 CHARTER OF GEORGIA [June 9/20 

and behoof of the said corporation and their successors, all and 
singular: which by-laws, constitutions, orders and ordinances, 
so as aforesaid to be made, we will shall be duly observed and' 
kept, under the pains and penalties therein to be contained, so 
always, as the said by-laws, constitutions, orders, and ordinances, 
pains and penalties . . . , be reasonable and not contrary or re- 
pugnant to the laws or statutes of this our realm; and that such 
by-laws, constitutions and ordinances, pains and penalties . . . , 
and any repeal or alteration thereof, or any of them, may be like- 
wise agreed to be established and confirmed by the said general 
meeting of the said corporation, to be held and kept next after 
the same shall be respectively made. And whereas the said cor- 
poration intend to settle a colony, and to make an habitation 
and plantation in that part of our province of South-Carolina, 
in America, herein after described — Know ye, that we greatly 
desiring the happy success of the said corporation, for their fur- 
ther encouragement in accomplishing so excellent a work . . . 
do give and grant to the said corporation and their successors 
under the reservation, limitation and declaration, hereafter ex- 
pressed, seven undivided parts, the whole in eight equal parts 
to be divided, of all those lands, countrys and territories, situate, 
lying and being in that part of South-Carolina, in America, 
which lies from the most northern part of a stream or river 
there, commonly called the Savannah, all along the sea coast to 
the southward, unto the most southern stream of a certain other 
great water or river called the Alatamaha, and westterly from the 
heads of the said rivers respectively, in direct lines to the south 
seas; and all that share, circuit and precinct of land, within the 
said boundaries, with the islands on the sea, lying opposite to 
the eastern coast of the said lands, within twenty leagues of the 
same, which are not inhabited already, or settled by any authority 
derived from the crown of Great-Britain : ... to be holden of 
us, our heirs and successors as of our honour of Hampton-court, 
in our county of Middlesex in free and common soccage, and not 
in capite, yielding, and paying therefor to us, our heirs and 
successors yearly forever, the sum of four shillings for every hun- 
dred acres of the said lands, which the said corporation shall 
grant, demise, plant or settle; the said payment not to commence 
or to be made, until ten years after such grant, demise, .planting 
or settling; and to be answered and paid ... in such manner and 



1732] CHARTER OF GEORGIA 24^ 

in such species of money or notes, as shall be current in payment, 
by proclamation from time to time, in our said province of South- 
Carolina. All which lands, countries, territories and premises, 
hereby granted or mentioned, and intended to be granted, we do 
by these presents, make, erect and create one independent and 
separate province, by the name of Georgia, by which name we 
will, the same henceforth be called. And that all and every per- 
son or persons, who shall at any time hereafter inhabit or reside 
within our said province, shall be, and are hereby declared to be 
free, and shall not be subject to or be bound to obey any laws, 
orders, statutes or constitutions, which have been heretofore made, 
ordered or enacted by, for, or as, the laws, orders, statutes or 
constitutions of our said province of South-Carolina, (save and 
except only the [^cojnmander] in chief of the militia, of our said 
province of Georgia, to our governor for the time being of South- 
Carolina, in manner hereafter declared;) but shall be subject to, 
and bound to obey, such laws, orders, statutes and constitutions as 
shall from time to time be made, ordered and enacted, for the 
better government of the said province of Georgia, in the manner 
hereinafter declared. And we do hereby, for our heirs and suc- 
cessors, ordain, will and establish, that for and during the term of 
twenty-one years, to commence from the date of these our letters 
patent, the said corporation assembled for that purpose, shall and 
may form and prepare, laws, statutes and ordinances, fit and nec- 
essary for and concerning the government of the said colony, and 
not repugnant to the laws and statutes of England; and the same 
shall and may present under their common seal to us, our heirs 
and successors, in our or their privy council for our or their 
approbation or disallowance : and the said laws, statutes and 
ordinances, being approved of by us, our heirs and successors, 
in our or their privy council, shall from thence forth be in full 
force and virtue within our said province of Georgia. And for- 
asmuch as the good and prosperous success of the said colony 
cannot but chiefly depend, next under the blessing of God, and 
the support of our royal authority, upon the provident and good 
direction of the whole enterprise, and that it will be too great 
a burthen upon all the members of the said corporation to be 
convened so often as may be requisite, to hold meetings for the 
settling, supporting, ordering, and maintaining the said colony; 
therefore we do will, ordain and establish, that the said common 



244 CHARTER OF GEORGIA [June 9/20 

council for the time being, of the said corporation, being assem- 
bled for that purpose, or the major part of them, shall . . . have 
full power and authority to dispose of, extend and apply all the 
monies and effects belonging to the said corporation, in such 
manner and ways and by such expenses as they shall think best to 
conduce to the carrying on and effecting the good purposes herein 
mentioned and intended; and also shall have full power in the 
name and on account of the said corporation, and with and under 
their common seal, to enter under any covenants or contracts, for 
carrying on and effecting the purposes aforesaid. [The common 
council may appoint and remove treasurers, secretaries, and other 
officers, and fix their compensation ; but treasurers and secretaries 
shall not, during their terms of office, be members of the cor- 
poration.] . . . And for the greater ease and encouragement of 
our loving subjects and such others as shall come to inhabit in 
our said colony, we do . . . ordain, that forever hereafter, there 
shall be a liberty of conscience allowed in the worship of God, 
to all persons inhabiting, or which shall inhabit or be resident 
within our said province, and that all such persons, except 
papists, shall have a free exercise of religion, so they be con- 
tented with the quiet and peaceable enjoyment of the same, not 
giving offence or scandal to the government. And our further 
will and pleasure is, and we do hereby . . . declare and grant, 
that it shall and may be lawful for the said common council, or 
the major part of them assembled for that purpose, in the name 
of the corporation, and under the common seal, to distribute, 
convey, assign and set over such particular portions of lands, 
tenements and hereditaments by these presents granted to the 
said corporation, unto such our loving subjects, natural born, 
denizens or others that shall be willing to become our subjects, 
and live under our allegiance in the said colony, upon such 
terms, and for such estates, and upon such rents, reservations 
and conditions as the same may be lawfully granted, and as to 
the said common council, or the major part of them so present, 
shall seem fit and proper. Provided always that no grants shall 
be made of any part of the said lands unto any person, being a 
member of the said corporation, or to any other person in trust, 
for the benefit of any member of the said corporation; and that 
no person having any estate or interest, in law or equity, in any 
part of the said lands, shall be capable of being a member of the 



1732] CHARTER OF GEORGIA 245 

said corporation, during the continuance of such estate or inter- 
est. Provided also, that no greater quantity of lands be granted, 
either entirely or in parcels, to or for the use, or in trust for any 
one person, than five hundred acres; and that all grants made 
contrary to the true intent and meaning hereof, shall be abso- 
lutely null and void. And we do hereby grant and ordain, that 
such person or persons, for the time being as shall be thereunto 
appointed by the said corporation, shall . . . have full power and 
authority to administer and give the oaths, appointed by an act 
of parliament, made in the first year of the reign of our late royal 
father, to be taken instead of the oaths of allegiance and suprem- 
acy; and also the oath of abjuration, to all and every person and 
persons which shall at any time be inhabiting or residing with 
our said colony; and in like cases to administer the solemn 
affirmation to any of the persons commonly called quakers, in 
such manner as by the laws of our realm of Great-Britain, the 
same may be administered. And we do . . . ordain . . . 
that the said corporation and their successors, shall have full 
power and authority, for and during the term of twenty-one years, 
to commence from the date of these our letters patent, to erect 
and constitute judicatories and courts of record, or other courts, 
to be held in the name of us, our heirs and successors for the 
hearing and determining of all manner of crimes, offences, pleas, 
processes, plaints, actions, matters, causes and things whatsoever, 
arising or happening, within the said province of Georgia, or 
between persons of Georgia; whether the same be criminal or 
civil, and whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal or mixed : and for award- 
ing and making out executions thereupon; to which courts and 
judicatories, we do hereby . . . grant full power and authority, 
from time to time, to administer oaths for the discovery of truth 
in any matter in controversy, or depending before them, or the 
solemn affirmation, to any of the persons commonly called quakers, 
in such manner, as by the laws of our realm of Great-Britain, the 
same may be administered. And our further will and pleasure 
is, that the said corporation and their successors, do from time 
to time, and at all times hereafter, register or cause to be regis- 
tered, all such leases, grants, plantings, conveyances, settlements, 
and improvements whatsoever, as shall at any time hereafter be 
made by, or in the name of the said corporation, of any lands. 



246 Charter of Georgia [June 9/20 

tenements or hereditaments within the said province; and shall 
yearly send and transmit, or cause to be sent or transmitted, 
authentic accounts of such leases, grants, conveyances, settle- 
ments and improvements respectively, unto the auditor of the 
plantations for the time being, or his deputy, and also to our sur- 
veyor for the time being of our said province of South-Carolina; 
to whom we do hereby grant full power and authority from time 
to time, as often as need shall require, to inspect and survey, 
such of the said lands and premises, as shall be demised, granted 
and settled as aforesaid : which said survey and inspection, we 
do hereby declare, to be intended to ascertain the quitrents which 
shall from time to time become due to us, our heirs and suc- 
cessors, according to the reservation herein before mentioned, 
and for no other purposes whatsoever; hereby for us, our heirs 
and successors, strictly enjoining and commanding, that neither 
our or their surveyor, or any person whatsover, under the pretext 
and colour of making the said survey or inspection, shall take, 
demand or receive, any gratuity, fee or reward, of or from, any 
person or persons, inhabiting in the said colony, or from the said 
corporation or common council of the same, on the pain of for- 
feiture of the said office or offices, and incurring our highest 
displeasure. Provided always . . . , that all leases, grants and 
conveyances to be made by or in the name of the said corpora- 
tion, of any lands within the said province, or a memorial con- 
taining the substance and effect thereof, shall be registered with 
the auditor of the said plantations . . . within the space of one 
year, to be computed from the date thereof, otherwise the same 
shall be void. And our further will and pleasure is, that the 
rents, issues and all other profits, which shall at any time here- 
after come to the said corporation, [shall be applied in such 
manner as the said corporation *'\ or the major part of them which 
shall be present at any meeting for that purpose assembled, shall 
think will most improve and enlarge the said colony, and best 
answer the good purposes herein before mentioned, and for 
defraying all other charges about the same. And our will and 
pleasure is, that the said corporation and their successors, shall 
from time to time give in to one of the principal secretaries of 
state, and to the commissioners of trade and plantations, ac- 

* These words are not in the original, but appear to be necessary to complete 
the sense. 



1732] CHARTER OF GEORGIA 247 

counts of the progresses of the said colony. And our will and 
pleasure is that no act done at any meeting of the said common 
council of the said corporation, shall be effectual and valid, 
unless eight members at least of the said common council, in- 
cluding the member who shall serve as chairman at the said 
meeting, be present, and the major part of them consenting 
thereunto. And our will and pleasure is, that the common coun- 
cil of the said corporation for the time being, or the major part 
of them who shall be present, being assembled for that purpose, 
shall from time to time, for, and during, and unto the full end 
and expiration of twenty-one years, to commence from the date 
of these our letters patent, have full power and authority to nomi- 
nate, make, constitute and commission, ordain and appoint, by 
such name or names, style or styles, as to them shall seem meet 
and fitting, all and singular such governors, judges, magistrates, 
ministers and officers, civil and military, both by sea and land, 
within the said districts, as shall by them be thought fit and 
needful to be made or used for the said government of the said 
colony; save always, and except such offices only as shall by us, 
our heirs and successors, be from time to time constituted and 
appointed, for the managing collecting and receiving such rev- 
enues, as shall from time to time arise within the said province 
of Georgia, and become due to us, our heirs and successors. - 
Provided always . . . , that every governor of the said province 
of Georgia, to be appointed by the common council of the said 
corporation, before he shall enter upon or execute the said office 
of governor, shall be approved by us, our heirs or successors, 
and shall take such oaths, and shall qualify himself in such 
manner, in all respects, as any governor or commander in chief 
of any of our colonies or plantations in America, are by law 
required to do; and shall give good and sufficient security for n 
observing the several acts of parliament relating to trade and 
navigation, and to observe and obey all instructions that shall be 
sent to him by us, our heirs and successors, or any acting under 
our or their authority, pursuant to the said acts, or any of them. 
[The corporation may establish and train a militia, fortify and 
defend the colony, exercise martial law in time of war, &c.] 
And . . . we do . . . grant, that the governor and commander 
in chief of the province of South-Carolina ... for the time 
being, shall at all times hereafter have the chief command of 



248 MOLASSES ACT [May 17/28 

the militia of our said province . . • ; and that such militia 
shall observe and obey all orders and directions, that shall from 
time to time be given or sent to them by the said governor 
or commander in chief ; any thing in these presents before 
contained to the contrary hereof, in any wise notwithstanding. 
. . . And ... we ... do give and grant, unto the said corpora- 
tion and their successors, full power and authority to import and 
export their goods, at and from any port or ports that shall be 
appointed by us . . . within the said province of Georgia, for that 
purpose, without being obliged to touch at any other port in 
South-Carolina. And we do . . . will and declare, that from and 
after the termination of the said term or [of] twenty-one years, 
such form of government and method of making laws, statutes and 
ordinances, for the better governing and ordering the said prov- 
ince of Georgia, and the inhabitants thereof, shall be established 
and observed within the same, as we, our heirs and successors, 
shall hereafter ordain and appoint, and shall be agreeably to law; 
and that from and after the determination of the said term of 
twenty-one years, the governor of our said province of Georgia, 
and all ofiEcers civil and military, within the same, shall from 
time to time be nominated and constituted, and appointed by 
us, our heirs and successors. . . . 



No. 50. Molasses Act 

May 17/28, 1733 

In the exchange of fish, lumber and agricultural products for the sugar, 
molasses and rum of the West Indies, the northern English colonies in 
America early found their most important and most lucrative trade. More- 
over, it vpas by means of this trade that the money for the purchase of manu- 
factured goods in England vi'as mainly obtained. The adoption of a more 
liberal commercial policy by France, however, in 1717, enabled the sugar of 
the French West Indies to displace the British product in European markets, 
and to compete successfully in the markets of the English colonies; while the 
prohibition of the importation of rum into France, as a protection to the pro- 
duction of brandy, forced the producers of molasses in the French colonies to 
seek a market in New England and New York, where molasses, little produced 
in the English West Indies, was much in demand. The prosperity of the 
French colonies led to numerous protests from planters in the British sugar 
islands, and in 1 73 1 a bill to prohibit the importation into Great Britain 
or the American colonies of any foreign sugar, molasses or rum passed 



1733] MOLASSES ACT 249 

the House of Commons, but was rejected by the Lords. The object of the 
bill was attained, however, by the passage, in 1 733, of the so-called Molasses 
Act, by which practically prohibitory duties were imposed upon the before- 
mentioned articles. The act was systematically disregarded by the English 
colonies, and remained largely a dead-letter. The Molasses Act was to con- 
tinue in force for five years; but it was five times renewed, and by the Sugar 
Act of 1764 was made perpetual. 

References. — Text in Pickering's Statutes at Large, XVL, 374-379. The 
act is cited as 6 Geo. IL, c. 13. The best discussion of the act is in Beer's 
Cotmnercial Policy of England (Columbia Col. Studies, III, No. 2), chap. 6. 

An act for the better securing and encouraging the trade of 
his Majestys sugar colonies in America. 

WHEREAS the welfare and prosperity of your Majesty'' s sugar 
colonies in America are of the greatest consequence and importance 
to the tradcy navigation and strength of this kingdom : and whereas 
the planters of the said sugar colonies have of late years fallen under 
such great discouragements, that they are unable to improve or 
cany on the sugar trade upon an equal footing with the foreign 
sugar colonies, without some advantage and relief be given to them 
from Great Britain : for remedy whereof ... be it enacted . . . , 
That from and after the twenty fifth day of December one thou- 
sand seven hundred and thirty three, there shall be raised, levied, 
collected and paid, unto and for the use of his Majesty . . . , 
upon all rum or spirits of the produce or manufacture of any of 
the colonies or plantations in America, not in the possession or 
under the dominion of his Majesty . . . , which at any time or 
times within or during the continuance of this act, shall be im- 
ported or brought into any of the colonies or plantations in 
America, which now are or hereafter may be in the possession or 
under the dominion of his Majesty . . . , the sum of nine pence, 
money of Great Britain, to be paid according to the proportion 
and value of five shillings and six pence the ounce in silver, for 
every gallon thereof, and after that rate for any greater or lesser 
quantity : and upon all molasses or syrups of such foreign prod- 
uce or manufacture as aforesaid, which shall be imported or 
brought into any of the said colonies or plantations of (>\ belong- 
ing to his Majesty, the sum of six pence of like money fbx every 
gallon thereof . . . ; and upon all sugars and paneles of such 
foreign growth, produce or maufacture as aforesaid, which shall 
be imported into any of the said colonies or plantations of or 



250 MOLASSES ACT [May 17/28 

belonging to his Majesty, a duty after the rate of five shillings of 
like money, for every hundred weight Avoirdupoize, of the said 
sugar and paneles. . . . 

II. [Such dutiable goods to be entered with the collector of 
customs at the place of importation, and the duty paid before 
landing.] 

III. [The said goods, if landed before entry and payment of 
duty, to be forfeited, and may be seized.] 

IV. And be it further enacted . . . , That from and after . . . 
[December 25, 1733] . . . , no sugars, paneles, syrups or molasses, 
of the growth, product and manufacture of any of the colonies 
or plantations in America, nor any rum or spirits of America, 
except of the growth or manufacture of his Majesty's sugar colo- 
nies there, shall be imported by any person or persons whatsoever 
into the kingdom of Ireland, but such only as shall be fairly and 
bona fide loaden and shipped in Great Britain in ships navigated 
according to the several laws now in being in that behalf, under 
the penalty of forfeiting all such sugar, paneles, syrups or mo- 
lasses, rum or spirits, or the value thereof, together with the ship 
or vessel in which the same shall be imported, with all her guns, 
tackle, furniture, ammunition, and apparel. . . . 

V. [Persons assisting in the violation of Sec. IV. to forfeit 
treble the value of the goods.] 

VI. [A penalty of ;^5o for interfering with a customs officer 
in the discharge of his duty, and a like penalty on any officer 
conniving at fraudulent importation.] 

VII. [Shipmasters permitting such fraudulent importation, to 
forfeit ;^ioo.] 

VIII. [In suits, the onus probandi to lie on the claimer or 
owner.] 

IX. And it is hereby further enacted . . . , That in case any 
sugar or paneles of the growth, produce or manufacture of any of 
the colonies or plantations belonging to or in the possession of 
his Majesty . . . , which shall have been imported into Great 
Britain after the twenty-fourth day of Jtme one thousand seven 
hundred and thirty-three, shall at any time within one year after 
the importation thereof, be again exported out of Great Britain, 
and that due proof be first made, by certificate from the proper 
officers, of the due entry and payment of the subsidies or duties 
charged or payable upon the importation thereof, together with 



I733J TREATY OF AIX-LA-CHAPELLE 2$ I 

the oath of the merchant or his agent importing and exporting the 
same, or in case such merchant or agent shall be one of the people 
called Quakers, by his solemn affirmation to the truth thereof, 
and that all other requisites shall be performed that are by law 
to be performed in cases where any of the said subsidies or 
duties are to be paid by any former statute, all the residue and 
remainder of the subsidy or duty, by any former act or acts of 
parliament granted and charged on such sugar or paneles as 
aforesaid, shall without any delay or reward be repaid to such 
merchant or merchants, who do export the same, within one 
month after demand thereof. 

X. And it is hereby further enacted . . . , That from and after 
the twenty-fourth day of June one thousand seven hundred and 
thirty- three, for every hundred weight of sugar refined in Great 
Britain . . . , which shall be exported out of this kingdom, there 
shall be, by virtue of this act, repaid at the custom-house to the 
exporter, within one month after the demand thereof, over and 
above the several sums of three shillings and one shilling per 
hundred, payable by two former acts of parliament, one of them 
made in the ninth and tenth years of the reign of his late 
Majesty King William the Third, and the other in the second 
and third years of the reign of her late Majesty Queen Anne, the 
further sum of two shillings, oath or solemn affirmation as afore- 
said, being first made by the refiner, that the said sugar so 
exported, was produced from brown and muscovado sugar, and 
that as he verily believes, the same was imported from some of 
the colonies or plantations in America belonging to and in the 
possession of the crown of Great Britain, and that as he verily 
believes the duty of the said brown and muscovado sugar was 
duly paid at the time of the importation thereof, and that the 
same was duly exported. . . . 



No. 51. Treaty of Aix-la-Chapelle 

October 18, 1748 

The irregular war of the Austrian Succession, known in America as King 
George's war, followed upon the attempt of European powers to dismember 
the possessions of Maria Theresa, to whom, by the terms of the Pragmatic 



252 TREATY OF AIX-LA-CHAPELLE [Oct. i8 

Sanction, the territories of the Emperor Charles VI. were to descend intact. 
In 1742 Maria Theresa was obliged to cede Silesia to Frederick II. of Prussia. 
When George II. took up the cause of Austria, France declared war against 
Austria and England, while Prussia allied itself with France. In 1745, how- 
ever, most of the English forces were withdrawn from the continent to oppose 
the Pretender in Scotland. In America, where the border settlements, not- 
withstanding the peace of Utrecht, had continued to be the objects of French 
plots and Indian forays, the principal event of the war was the capture of 
Louisburg, on Cape Breton island, in June, 1745, by a New England force 
under Pepperell. The treaty of Aix-la-Chapelle, by which conquests, with 
the exception of Silesia, were reciprocally restored, occasioned serious disap- 
pointment and dissatisfaction in New England, where the colonies felt that 
they had been deprived of the just fruits of victory. The parts of the treaty 
relating to America are given in the extracts following. 

References. — Text in Chalmers's Collection of Treaties, I., 424-442. 
See Lecky's England 171 the Eighteenth Century (Amer. ed.), I., 414-466 ; 
Parkman's Half Century of Conflict; Winsor's Narr. and Crit. History, V., 
chap. 7. 

V. All the conquests, that have been made since the com- 
mencement of the war, or which, since the conclusion of the pre- 
liminary articles, signed the 30th of April last, may have been 
or shall be made, either in Europe, or the East or West Indies, 
or in any other part of the world whatsoever, being to be restored 
without exception, in conformity to what was stipulated by the 
said preliminary articles, and by the declarations since signed; 
the high contracting parties engage to give orders immediately 
for proceeding to that restitution. . . . 

*********** 
IX. In consideration that, notwithstanding the reciprocal 
engagement taken by the eighteenth article of the preliminaries, 
importing that all the restitutions and cessions should be carried 
on equally, and should be executed at the same time, his most 
Christian Majesty engages, by the sixth article of the present 
treaty, to restore within the space of six weeks, or sooner if pos- 
sible, to be reckoned from the day of the exchange of the rati- 
fications of the present treaty, all the conquests which he has 
made in the Low Countries; whereas it is not possible, consider- 
ing the distance of the countries, that what relates to America 
should be effected within the same time, or even to fix the time 
of its entire execution; his Britannic Majesty likewise engages 
on his part to send to his most Christian Majesty, immediately 
after the exchange of the ratifications of the present treaty, two 



1748] ALBANY PLAN OF UNION 253 

persons of rank and consideration, who shall remain there as 
hostages, till there shall be received a certain and authentic 
account of the restitution of Isle Royal, called Cape Breton, and 
of all the conquests which the arms or subjects of his Britannic 
Majesty may have made, before or after the signing of the pre- 
liminaries, in the East and West Indies. 

Their Britannic and most Christian Majesties oblige themselves 
likewise to cause to be delivered, upon the exchange of the rati- 
fications of the present treaty, the duplicates of the orders ad- 
dressed to the commissaries appointed to restore and receive, 
respectively, whatever may have been conquered on either side 
in the said East and West Indies, agreeably to the second article 
of the preliminaries, and to the declarations of the 21st and 31st 
of May, and the 8th of July last, in regard to what concerns the 
said conquests in the East and West Indies. Provided never- 
theless, that Isle Royal, called Cape Breton, shall be restored, 
with all the artillery and warlike stores which shall have been 
found therein on the day of its surrender, conformably to the 
inventories which have been made thereof, and in the condition 
that the said place was in on the said day of its surrender. As to 
the other restitutions, they shall take place conformably to the 
meaning of the second article of the preliminaries, and of the 
declarations and convention of the 21st and 31st of May, and 
the 8th of July last, in the condition in which things were on the 
nth of June, N. S. in the West Indies, and on the 31st of Octo- 
ber also, N. S. in the East Indies. And everything besides shall 
be re-established on the foot that they were or ought to be before 
the present war. 



No. 52. Albany Plan of Union 

July 10, 1754 

Under authority of a circular letter from the Lords of Trade, dated Sept. 
18, 1753, to the colonial governors, a congress met at Albany, June 19, 1754, 
for the purpose of making an agreement or treaty with the Six Nations, and 
of concerting measures of defence against the French. There were present 
four representatives from New Hampshire, five from Massachusetts, two from 
Rhode Island, three from Connecticut, five from New York, four from Penn- 
sylvania, and two from Maryland. In addition to the main object of the 



254 ALBANY PLAN OF UNION [July lo 

conference, the commissioners from Massachusetts were authorized to " enter 
into articles of union and confederation for the general defence of his Maj- 
esty's subjects and interests in North America, as well in time of peace as of 
war." On the 24th the congress voted unanimously that a union of all the 
colonies was " at present absolutely necessary for their security and defence"; 
and a committee of one from each colony was appointed to consider the vari- 
ous plans submitted. Certain " short hints of a scheme," reported by the 
committee on the 28th, were discussed at nearly every session until July 9, 
when a plan of union was agreed upon, and Franklin was " desired to make 
a draught of it." The draft prepared by Franklin was submitted the next 
day, and, after debate, adopted; on the nth the congress adjourned. The plan 
of union was transmitted to the assemblies of the several colonies, but failed 
to receive the approval of any of them ; while the Lords of Trade laid it 
before the King without recommendation, and with no comment except that ^ 
the plan was " complete in itself." According to Franklin, who was doubtless 
the principal author of the plan, " the crown disapproved of it, as having too 
much weight in the democratic part of the constitution, and every assembly 
as having allowed too much to prerogative; so it was totally rejected." 

References. — Text in Documents relative to the Colonial History of 
New York, VI., 889-891. The journal of the' congress is in ib., 853-891 ; and 
also, except the proceedings of July 11, in Mass. Hist. Coll., Third Series, V., 
5-74. The text of the plan in Franklin's Works (Sparks's ed.). III., 36-55, 
is accompanied by extended comments on the several articles ; see also ib., 
22-36, 56-68. The best account of the congress is in Frothingham's Rise of 
the Republic, chap. 4. Frothingham discusses at length the earlier plans of 
union, and gives a list of important colonial congresses ; see further, on this 
topic, bibliographical notes in Winsor's Narr. and Crit. Hist., V., 611-614. 
Texts of a number of plans are collected in Amer. History Leaflets, No. 14. 

Plan of a proposed Union of /the several Colonies of Massachu- 
setts Bay, New Hampshire, Connecticut, Rhode Island, New 
York, New Jerseys, Pennsylvania, Maryland, Virginia, North 
Carolina, and South Carolina, for their mutual defence and 
security, and for extending the British Settlements in North 
America. 

That humble application be made for an Act of the Parliament 
of Great Brittain, by virtue of which, one General Government 
may be formed in America, including all the said Colonies, 
within, and under which Government each Colony may retain 
its present constitution, except in the particulars wherein a 
charge \change\ may be directed by the said Act, as hereafter 
follows. 

That the said General Government be administered by a presi- 
dent General, to be appointed & supported by the Crown, and a 



1754] 



ALBANY PLAN OF UNION 



255 



grand Council to be chosen by the representatives of the people 
of the several Colonies, meet [;//<?/] in their respective assemblies. 
That within Months after the passing of such Act, The house 
of representatives in the several Assemblies, that Happen to be 
sitting within that time or that shall be specially for that purpose 
convened, may and shall chose. Members for the Grand Council 
in the following proportions, that is to say ; 

Massachusetts Bay 
New Hampshire . 
Connecticut 
Rhode Island 



New York . 
New Jerseys 
Pennsylvania 
Maryland . 
Virginia 
North Carohna 
South Carolina 



7 
2 

5 
2 

4 
3 
6 

4 
7 
4 

J: 
48 



Who shall meet for the present time at the City of Philadelphia 
in Pennsylvania, being called by the President General as soon 
as conveniently may be after his appointment. 

That there shall be a New Election of the Members of the 
Grand Council every three years, and on the death or resignation 
of any Member, his place should be supplyed by a new choice at 
the next sitting of the Assembly of the Colony he represented. 

That after the first three years, when the proportion of money 
arising out of each Colony to the General Treasury can be known, 
the number of Members to be chosen, for each Colony shall from 
time to time in all ensuing Elections be regulated by that propor- 
tion (yet so as that the Number to be chosen by any one province 
be not more than seven nor less than two). 

That the Grand Council shall meet once in every year, and 
oftener if occasion require, at such time and place as they shall 
adjourn to at the last preceeding meeting, or as they shall be 
called to meet at by the President General, on any emergency, 
he having first obtained in writing the consent of seven of the 
Members to such call, and sent due and timely notice to the 
whole. 



256 ALBANY PLAN OF UNION [July 10 

That the Grand Council have power to chuse their speaker, 
and shall neither be dissolved prorogued, nor continue sitting 
longer than six weeks at one time without their own consent, 
or the special command of the Crown. 

That the Members of the Grand Council shall be allowed for 
their service ten shillings sterling per diem, during their Sessions 
or [and] Journey to and from the place of Meetings twenty miles 
to be reckoned a days Journey. 

That the Assent of the President General be requisite to all 
Acts of the Grand Council, and that it be his Office and duty to 
cause them to be carried into execution. 

That the President General with the advice of the Grand 
Council, hold or direct all Indian Treaties in which the general 
interest of the Colonys may be concerned; and make peace or 
declare War with Indian Nations. That they make such Laws as 
they judge necessary for the regulating all Indian Trade. That 
they make all purchases from Indians for the Crown, of lands not 
[now] within the bounds of particular Colonies, or that shall not 
be within their bounds when some of them are reduced to more 
convenient dimensions. That they make new settlements on such 
purchases by granting Lands, [in the King's name] reserving a 
Quit rent to the Crown, for the use of the General Treasury. 

That they make Laws for regulating & governing such new 
settlements, till the Crown shall think fit to form them into par- 
ticular Governments. 

That they raise and pay Soldiers, and build Forts for the 
defence of any of the Colonies, and equip vessels of Force to 
guard the Coasts and protect the Trade on the Ocean, Lakes, or 
great Rivers; but they shall not impress men in any Colonies 
without the consent of its Legislature. That for these purposes 
they have power to make Laws and lay and Levy such general 
duties, imposts or taxes, as to them shall appear most equal and 
just, considering the ability and other circumstances of the 
Inhabitants in the several Colonies, and such as may be col- 
lected with the least inconvenience to the people, rather discour- 
aging luxury, than loading Industry with unnecessary burthens. — 
That they might appoint a General Treasurer and a particular 
Treasurer in each Government when necessary, and from time to 
time may order the sums in the Treasuries of each Government, 
into the General Treasury, or draw on them for special payments 



1754] ALBANY PLAN OF UNION 257 

as they find most convenient; yet no money to issue but by joint 
orders of the President General and Grand Council, except where 
sums have been appropriated to particular purposes, and the 
President General is previously impowered by an Act to draw for 
such sums. 

That the General accounts shall be yearly settled and reported 
to the several Assemblies. 

That a Quorum of the Grand Council impowered to act with 
the President General, do consist of twenty five Members, among 
whom there shall be one or more from a majority of the Colonies. 
That the laws made by them for the purposes aforesaid, shall not 
be repugnant, but as near as may be agreeable to the Laws of 
England, and shall be transmitted to the King in Council for 
approbation, as soon as may be after their passing, and if not 
disapproved within three years after presentation to remain in 
Force. 

That in case of the death of the President General, the Speaker 
of the Grand Council for the time being shall succeed, and be 
vested with the same powers and authority, to continue until the 
King's pleasure be known. 

That all Military Commission Officers, whether for land or sea 
service, to act under this General constitution, shall be nominated 
by the President General, but the aprobation of the Grand Coun- 
cil is to be obtained before they receive their Commissions; and 
all Civil Officers are to be nominated by the Grand Council, and 
to receive the President General's approbation before the offici- 
ate; but in case of vacancy by death or removal of any Officer 
Civil or Military under this constitution, The Governor of the 
Province in which such vacancy happens, may appoint till the 
pleasure of the President General and Grand Council can be 
known. — That the particular Military as w(rll as Civil establish- 
ments in each Colony remain in their present State this General 
constitution notwithstanding. And that on sudden emergencies 
any Colony may defend itself, and lay the accounts of expence 
thence arisen, before the President General and Grand Council, 
who may allow and order payment of the same as far as they 
judge such accounts just and reasonable, 
s 



258 WRIT OF ASSISTANCE [December 2 

No. 53. Writ of Assistance 

December 2, 1762 

In 1755 a writ of assistance, granting authority to search for and seize 
uncustomed goods, was issued by the Superior Court of Massachusetts to 
Charles Paxton, surveyor of the port of Boston. Similar writs were issued in 
1758 to the collectors at Salem and Falmouth, in 1759 to the surveyor-general, 
and the collectors at Boston and Newburyport, and in 1760 to the collectors 
at Boston and Salem. By law the writs continued until the demise of the 
Crown, and for six months thereafter. In 1761 the former writs, by reason of 
the death of George II., being about to expire, the surveyor-general, Thomas 
Lechmere, made application to the court for the grant of such writs to him- 
self and his officers " as usual." On this application a number of merchants 
of Boston, and others, petitioned to be heard. The application was argued 
at Boston, at the February term, Jeremiah Gridley appearing for Lechmere, 
and James Otis and Oxenbridge Thacher for the petitioners and against the 
writ. Judgment was suspended in order that the court might examine the 
practice in England. November 18, at the second term, the case was again 
argued by the same counsel, with the addition of Robert Auchmuty in favor 
of the writ. The judges were unanimous in their opinion that the writ should 
be granted, as prayed for, and December 2 a writ was issued to Paxton in 
the form following. March 6, 1762, a bill "authorizing any judge or justice 
of the peace, upon information on oath by any officer of the customs, to issue 
a special writ or warrant of assistance, and prohibiting all others," passed the 
General Court; but the governor, on the advice of the members of the Supe- 
rior Court, withheld his approval. Writs of assistance do not appear to have 
been granted elsewhere in the colonies, except in New Hampshire ; they 
were, however, legalized by the Townshend Revenue Act of 1767 [No. 63]. 
General warrants were condemned in England in 1766, but general writs of 
assistance continued to be issued until 1819, when an order of the Board of 
Customs practically abolished them. 

In the manuscript from which the writ following is printed, the words in 
brackets are interlined, and those in italics erased. The writ was drawn by 
Thomas Hutchinson, the chief justice. 

References. — Text in Quincy's Massachusetts Repoi'ts, 418-421, where 
is also, pp. 395-540, an exhaustive examination of the whole subject by Justice 
Horace Gray. Otis's argument at the February term, as reported by John 
Adams, is in the latter's Works, II., 521-525; the second argument, in No- 
vember, is in Quincy, ut supra, 51-57. The earlier accounts, especially those 
in Adams's Works, II., 124, note ; X., 246-249, 274-276 ; Tudor's Otis, and 
Minot's Massachusetts, must be read in the light of Gray's notes, above. 



1762] WRIT OF ASSISTANCE 2S,g 

r ) George the third by the grace of God of 

, , " Ti r Great Britain France & Ireland King De- 

Mass. Bay t r , r , r • , o „ 

) fender of the faith &c^ 

©To ALL & singular our Justices of the 
peace Sheriffs Constables and to all other 
our Officers and Subjects within our said 
Province and to each of you Greeting. 

Know ye that whereas in and by an Act of Parliament made 
in the //«>[four]teenth year of [the reign of] the late King 
Charles the second // is declared to be [the Officers of our Customs 
& their Deputies are authorized and impowered to go & enter 
aboard any Ship or Vessel outward or inward bound for the pur- 
poses in the said Act mentioned and it is also in & by the said 
Act further enacted & declared that it shall bej lawful [to or]^ for 
any person or persons authorized by Writ of assistants under the 
seal of our Court of Exchequer to take a Constable Headborough 
or other publick Officer inhabiting near unto the place and in the 
day time to enter & go into any House Shop Cellar Warehouse or 
Room or other place and in case of resistance to break open 
doors chests trunks & other package there to seize and from 
thence to bring any kind of goods or merchandize whatsoever 
prohibited & uncustomed and to put and secure the same in his 
Majestys [our] Storehouse in the port next to the place where 
such seizure shall be made. 

And whereas in & by an Act of Parliament made in the seventh 
& eighth year of [the reign of the late] King William the third 
there is granted to the Officers for collecting and managing ouj: 
revenue and inspecting the plantation trade in any of our planta- 
tions [the same powers & authority for visiting & searching of 
Ships & also] to enter houses or warehouses to search for and 
seize any prohibited or uncustomed goods as are provided for 
the Officers of our Customs in England by the said last men- 
tioned Act made in the fourteenth year of [the reign of] King 
Charles the Second, and the like assistance is required to be 
given to the said Officers in the execution of their office as by 
the said last mentioned Act is provided for the Officers in 
England. 

And whereas in and by an Act of our said Province of Massa- 
chusetts bay made in the eleventh year of [the reign of] the late 



26d writ of assistance [December 2 

King William the third it is enacted & declared that our Superior 
Court of Judicature Court of Assize and General Goal delivery 
for our said Province shall have cognizance of all matters and 
things within our said Province as fully & amply to all intents 
& purposes as our Courts of King's Bench Common Pleas & 
Exchequer within our Kingdom of England have or ought to 
have. 

And whereas our Commissioners for managing and causing 
to be levied & collected our customs subsidies and other duties 
have [by Commission or Deputation under their hands & seal 
dated at London the 22^ day of May in the first year of our 
Reign] deputed and impowered Charles Paxton Esquire to be 
Surveyor & Searcher of all the rates and duties arising and grow- 
ing due to us at Boston in our Province aforesaid and [in & by 
said Commission or Deputation] have given him power to enter 
into [any Ship Bottom Boat or other Vessel & also into] any 
Shop House Warehouse Hostery or other place whatsoever to 
make diligent search into any trunk chest pack case truss or any 
other parcell or package whatsoever for any goods wares or mer- 
chandize prohibited to be imported or exported or whereof the 
Customs or other Duties have not been duly paid and the same 
to seize to our use In all things proceeding as the Law directs. 

Therefore we strictly Injoin & Command you & every one of 
you that, all excuses apart, you & every one of you permit the 
said Charles Paxton according to the true intent & form of the 
said commission or deputation and the laws & statutes in that 
behalf made & provided, [as well by night as by day from time 
to time to enter & go on board any Ship Boat or other Vessel 
riding lying or being within or coming to the said port of Boston 
or any Places or Creeks thereunto appertaining such Ship Boat 
or Vessel then & there found to search & oversee and the persons 
therein being strictly to examine touching the premises aforesaid 
& also according to the form effect and true intent of the said com- 
mission or deputation'] in the day time to enter & go into the 
vaults cellars warehouses shops & other places where any pro- 
hibited goods wares or merchandizes or any goods wares or 
merchandizes for which the customs or other duties shall not 
have been duly & truly satisfied and paid lye concealed or are 
suspected to be concealed, according to the true intent of the 
law to inspect & oversee & search for the said goods wares & 



1762] TREATY OF PARIS 26 1 

merchandize, And further to do and execute all things which 
of right and according to the laws & statutes in this behalf shall 
be to be done. And we further strictly Injoin & Command you 
and every one of you that to the said Charles Paxton Esqr you 
& eyery one of you from time to time be aiding assisting & 
helping in the execution of the premises as is meet. And this 
you or any of [you] in no wise omit at your perils. Witness 
Thomas Hutchinson Esq at Boston the day of December in 

the Second year of our Reign Annoque Dom 1761. 

By order of Court 
N. H.* Cler. 



No. 54. Treaty of Paris 

February 10, 1763 

TilE Ohio and Mississippi valleys, claimed by the Friuh in right of ex- 
ploration and colonization, were also claimed by the English under early 
colonial grants and charters ; and these conflicting claims the boundary com- 
missioners, appointed under the treaty of Aix-la-Chapelle, had been unable to 
reconcile. The Seven Years' war, known in America as the P'rench and 
Indian war, began two years before the declaration of war by England against 
France formally opened hostilities in Europe. Washington's unsuccessful 
expedition against Fort Duquesne, in 1754, was followed in 1755 by the defeat 
of Braddock, and the failure of the contemplated attack upon Canada; but 
some French forts in Nova Scotia were taken, and the Acadians deported. 
The campaigns of 1756 and 1757 were also without substantial results for the 
English. The energy of Pitt, whom Newcastle was obliged, in June, 1757, to 
receive into the ministry as secretary of state, turned the tide. In 1758, Louis- 
burg, Niagara and Fort Duquesne were taken; in September, 1759, Quebec 
fell; and with the surrender of Montreal, in 1760, the French power in 
America came to an end. The war in Europe went on for three years longer. 
In June, 1761, at the instance of France, negotiations for peace were opened; 
but the signature of the " family compact " between France and Spain, in 
August, caused them to be broken off. Pitt urged immediate war with Spain; 
but his views were not supported by the ministry, and he resigned. War 
against Spain was, however, declared in 1762, and English forces took Havana 
and Manila. In September, negotiations were resumed ; on November 3, 
preliminaries of peace were signed at Fontainebleau; and on February 10, 
1763, the treaty was concluded at Paris. The articles relating to America are 
given in the extracts following. In compensation for the loss of Florida, Spain 
received from France so much of Louisiana as lay west of the Mississippi 
river, including both sides of the river at its mouth. 

References. — Text in Chalmers's Collection of Treaties, I., 467-483 

* Nathaniel Hatch, one of the clerks of court. 



262 TREATY OF PARIS [February lo 

On the war, see Mahon's History of England from the Peace of Utrecht, II., 
chaps. 32-38; Lecky's England in the Eighteenth Century, II., chap. 8; III., 
chap. 10; Parkman's Montcalm and Wolfe ; Winsor's Narr. attd Crit. Hist., 
v., chap. 8. 

IV. His most Christian Majesty renounces all pretensions, 
which he has heretofore formed, or might form, to Nova Scotia 
or Acadia, in all its parts, and guaranties the whole of it, and 
with all its dependencies, to the King of Great Britain : more- 
over, his most Christian Majesty cedes and guaranties to his said 
Britannic Majesty, in full right, Canada, with all its dependen- 
cies, as well as the Island of Cape Breton, and all the other 
islands and coasts in the gulph and river St. Laurence, and, in 
general, every thing that depends on the said countries, lands, 
islands, and coasts, with the sovereignty, property, possession, 
and all rights, acquired by treaty or otherwise, which the most 
Christian King, and the crown of France, have had till now over 
the said countries, islands, lands, places, coasts, and their inhabi- 
tants, so that the most Christian King cedes and makes over the 
whole to the said King, and to the crown of Great Britain, and 
that in the most ample manner and form, without restriction, 
and without any liberty to depart from the said cession and 
guaranty, under any pretence, or to disturb Great Britain in the 
possessions above-mentioned. His Britannic Majesty, on his 
side, agrees to grant the liberty of the Catholic religion to the 
inhabitants of Canada : he will consequently give the most pre- 
cise and most effectual orders, that his new Roman Catholic 
subjects may profess the worship of their religion, according to 
the rites of the Romish church, as far as the laws of Great Britain 
permit. His Britannic Majesty further agrees, that the French 
inhabitants, or others who had been subjects of the most Chris- 
tian King in Canada, may retire, with all safety and freedom, 
wherever they shall think proper, and may sell their estates, 
provided it be to subjects of his Britannic Majesty, and bring 
away their effects, as well as their persons, without being re- 
strained in their emigration, under any pretence whatsoever, 
except that of debts, or of criminal prosecutions : the term limited 
for this emigration shall be fixed to the space of eighteen months, 
to be computed from the day of the exchange of the ratifications 
of the present treaty. 

V. The subjects of France shall have the liberty of fishing and 



1763] TREATY OF PARIS 263 

drying, on a part of the coasts of the Island of Newfoundland, 
such as it is specified in the Xlllth article of the treaty of 
Utrecht; which article is renewed and confirmed by the present 
treaty (except what relates to the island of Cape Breton, as well 
as to the other islands and coasts in the mouth and in the gulph 
of St. Laurence:) and his Britannic Majesty consents to leave 
to the subjects of the most Christian King the liberty of fishing 
in the gulph St. Laurence, on condition that the subjects of 
France do not exercise the said fishery but at the distance of 
three leagues from all the coasts belonging to Great Britain, as 
well those of the continent, as those of the islands situated in the 
said gulph of St. Laurence. And as to what relates to the fishery 
on the coasts of the island of Cape Breton out of the said gulph, 
the subjects of the most Christian King shall not be permitted 
to exercise the said fishery but at the distance of fifteen leagues 
from the coasts of the island of Cape Breton; and the fishery 
on the coasts of Nova Scotia or Acadia, and every where else out 
of the said gulph, shall remain on the foot of former treaties. 

VL The King of Great Britain cedes the islands of St. Pierre 
and Miquelon, in full right, to his most Christian Majesty, to 
serve as a shelter to the French fishermen : and his said most 
Christian Majesty engages not to fortify the said islands; to 
erect no building upon them, but merely for the convenience of 
the fishery; and to keep upon them a guard of fifty men only for 
the police. 

VIL In order to re-establish peace on solid and durable 
foundations, and to remove for ever all subject of dispute with 
regard to- the limits of the British and French territories on the 
continent of America; it is agreed, that, for the future, the con- 
fines between the dominions of his Britannic Majesty, and those 
of his most Christian Majesty, in that part of the world, shall be 
fixed irrevocably by a line drawn along the middle of the river 
Mississippi, from its source to the river Iberville, and from 
thence, by a line drawn along the middle of this river, and the 
lakes Maurepas and Pontchartrain, to the sea; and for this purpose, 
the most Christian King cedes in full right, and guaranties to his 
Britannic Majesty, the river and port of the Mobile, and every 
thing which he possesses, or ought to possess, on the left side of 
the river Mississippi, except the town of New Orleans, and the 
island on which it is situated, which shall remain to France; 



264 TREATY OF PARIS [February 10 

provided that the navigation of the river Mississippi shall be 
equally free, as well to the subjects of Great Britain as to those 
of France, in its whole breadth and length, from its source to 
the sea, and expresly that part which is between the said island 
of New Orleans and the right bank of that river, as well as the 
passage both in and out of its mouth. It is further stipulated, 
that the vessels belonging to the subjects of either nation shall 
not be stopped, visited, or subjected to the payment of any duty 
whatsoever. The stipulations, inserted in the IVth article, in 
favour of the inhabitants of Canada, shall also take place with 
regard to the inhabitants of the countries ceded by this article. 

VIII. The King of Great Britain shall restore to France the 
islands of Guadeloupe, of Marie Galante, of Desirade, of Mar- 
tinico, and of Belleisle; and the fortresses of these islands shall 
be restored in the same condition they were in when they were 
conquered by the British arms; provided that his Britannic 
Majesty's subjects, who shall have settled in the said islands, or 
those who shall have any commercial affairs to settle there, or in 
the other places restored to France by the present treaty, shall 
have liberty to sell their lands and their estates, to settle their 
affairs, to recover their debts, and to bring away their effects, as 
well as their persons, on board vessels, which they shall be per- 
mitted to send to the said islands, and other places restored as 
above, and which shall serve for this use only, without being 
restrained on account of their religion, or under any other pre- 
tence whatsoever, except that of debts or of criminal prosecu- 
tions: and for this purpose, the term of eighteen months is 
allowed to his Britannic Majesty's subjects, to be computed from 
the day of the exchange of the ratifications of the present treaty; 
but, as the liberty, granted to his Britannic Majesty's subjects, 
to bring away their persons and their effects, in vessels of their 
nation, may be liable to abuses, if precautions were not taken to 
prevent them; it has been expresly agreed between his Britannic 
Majesty and his most Christian Majesty, that the number of 
English vessels, which shall have leave to go to the said islands 
and places restored to France, shall be limited, as well as the 
number of tons of each one; that they shall go in ballast; shall 
set sail at a fixed time ; and shall make one voyage only, all the 
effects, belonging to the English, being to be embarked at the 
same time. It has been further agreed, that his most Christian 



1763] TREATY OF PARIS 265 

Majesty shall cause the necessary passports to be given to the 
said vessels; that, for the greater security, it shall be allowed to 
place two French clerks, or guards, in each of the said vessels, 
which shall be visited in the landing places and ports of the said 
islands, and places, restored to France, and that the merchandise, 
which shall be found therein, shall be confiscated. 

IX. The most Christian King cedes and guaranties to his 
Britannic Majesty, in full right, the islands of Grenada, and of 
the Grenadines, with the same stipulations in favour of the in- 
habitants of this colony, inserted in the IVth article for those of 
Canada: and the partition of the islands, called Neutral, is agreed 
and fixed, so that those of St. Vincent, Dominica, and Tobago, 
shall remain in full right to Great Britain, and that of St. Lucia 
shall be delivered to France, to enjoy the same likewise in full 
right; and the high contracting parties guaranty the partition so 
stipulated. 

XVII. His Britannic Majesty shall cause to be demolished all 
the fortifications which his subjects shall have erected in the 
Bay of Honduras, and other places of the territory of Spain in 
that part of the world, four months after the ratification of the 
present treaty: and his Catholic Majesty shall not permit his 
Britannic Majesty's subjects, or their workmen, to be disturbed 
or molested, under any pretence whatsoever, in the said places, 
in their occupation of cutting, loading, and carrying away log- 
wood: and for this purpose, they may build without hinderance, 
and occupy without interruption, the houses and magazines which 
are necessary for them, for their families, and for their effects: 
and his Catholic Majesty assures to them, by this article, the full 
enjoyment of those advantages, and powers, on the Spanish coasts 
and territories, as above stipulated, immediately after the ratifi- 
cation of the present treaty. 

XVIII. His Catholic Majesty desists, as well for himself, as 
for his successors, from all pretension, which he may have 
formed, in favour of the Guipuscoans, and other his subjects, to 
the right of fishing in the neighbourhood of the island of New- 
foundland. 

XIX. The King of Great Britain shall restore to Spain all the 
territory, which he has conquered in the island of Cuba, with the 
fortress of the Havana, and this fortress, as well as all the other 



266 TREATY OF PARIS [February lo 

fortresses of the said island, shall be restored in the same con- 
dition they were in when conquered by his Britannic Majesty's 
arms; [with conditions and restrictions, as to persons and prop- 
erty, similar to those in Art. VIII.] 

XX. In consequence of the restitution stipulated in the pre- 
ceding article, his Catholic Majesty cedes and guaranties, in full 
right, to his Britannic Majesty, Florida, with Fort St. Augustin, 
and the Bay of Pensacola, as well as all that Spain possesses on 
the continent of North America, to the east, or to the south-east, 
of the river Mississippi; and, in general, every thing that depends 
on the said countries, and lands, with the sovereignty, property, 
possession, and all rights, acquired by treaties or otherwise, 
which the Catholic King, and the crown of Spain, have had, till 
now, over the said countries, lands, places, and their inhabitants; 
so that the Catholic King cedes and makes over the whole to the 
said King, and to the crown of Great Britain, and that in the 
most ample manner and form. His Britannic Majesty agrees, 
on his side, to grant to the inhabitants of the countries, above 
ceded, the liberty of the Catholic religion : he will consequently 
give the most express and the most effectual orders, that his new 
Roman Catholic subjects may profess the worship of their reli- 
gion, according to the rites of the Romish church, as far as the 
laws of Great Britain permit:, his Britannic Majesty further 
agrees, that the Spanish inhabitants, or others, who had been 
subjects of the Catholic King in the said countries, may retire, 
with all safety and freedom, wherever they think proper; and 
may sell their estates, provided it be to his Britannic Majesty's 
subjects, and bring away their effects, as well as their persons, 
without being restrained in their emigration, under any pretence 
whatsoever, except that of debts, or of criminal prosecutions: 
the term limited for this emigration being fixed to the space of 
eighteen months, to be computed from the day of the exchange 
of the ratifications of the present treaty. It is moreover stipu- 
lated, that his Catholic Majesty shall have power to cause all the 
effects, that may belong to him, to be brought away, whether 
it be artillery or other things. 



1763] ROYAL PROCLAMATION CONCERNING AMERICA 267 

No. 55. Royal Proclamation concerning 
America 

October 7, 1763 

The principal objects of the royal proclamation of 1763 were, to provide 
for the government of the British possessions in America which had been 
acquired by the treaty of Paris; to deline certain interior boundaries; and to 
regulate trade and intercourse with the Indians. 

References. — 7"^;r^in the Anttual Register (1763), 208-213. 

Whereas we have taken into our royal consideration the exten- 
sive and vakiable acquisitions in America, secured to our crown 
by the late definitive treaty of peace concluded at Paris the loth 
day of February last; and being desirous that all our loving sub- 
jects, as well of our kingdoms as of our colonies in America, may 
avail themselves, with all convenient speed, of the great benefits 
and advantages which must accrue therefrom to their commerce, 
manufactures, and navigation; we have thought fit, with the advice 
of our privy coimcil, to issue this our royal proclamation, hereby 
to publish and declare to all our loving subjects, that we have, 
with the advice of our said privy council, granted our letters 
patent under our great seal of Great Britain, to erect within the 
countries and islands, ceded and confirmed to us by the said 
treaty, four distinct and separate governments, stiled and called 
by the names of Quebec, East Florida, West Florida, and Gre- 
nada, and limited and bounded as follows, viz. 

First, the government of Quebec, bounded on the Labrador 
coast by the river St. John, and from thence by a line drawn 
from the head of that river, through the lake St. John, to the 
South end of the lake Nipissim; from whence the said line, 
crossing the river St. Lawrence and the lake Champlain in 45 
degrees of North latitude, passes along the High Lands, which 
divide the rivers that empty themselves into the said river St. 
Lawrence, from those which fall into the sea; and also along the 
North coast of the Bayes des Chaleurs, and the coast of the Gulph 
of St. Lawrence to Cape Rosieres, and from thence crossing the 
mouth of the river St. Lawrence by the West end of the island of 
Anticosti, terminates at the aforesaid river St. John. 

Secondly, The government of East Florida, bounded to the 
Westward by the Gulph of Mexico and the Apalachicola river; 



268 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 7 

to the Northward, by a line drawn from that part of the said river 
where the Catahoochee and Flint rivers meet, to the source of St. 
Mary's river, and by the course of the said river to the Atlantic 
Ocean; and to the East and South by the Atlantic Ocean, and the 
Gulph of Florida, including all islands within six leagues of the 
sea coast. 

Thirdly, The government of West Florida, bounded to the 
Southward by the Gulph of Mexico, including all islands within 
six leagues of the coast from the river Apalachicola to lake 
Pontchartrain; to the Westward by the said lake, the lake Mau- 
repas, and the. river Mississippi; to the Northward, by a line 
drawn due East from that part of the river Mississippi which lies 
in thirty-one degrees North latitude, to the river Apalachicola, 
or Catahoochee; and to the Eastward by the said river. 

Fourthly, The government of Grenada, comprehending the 
island of that name, together with the Grenadines, and the 
islands of Dominico, St. Vincent, and Tobago, 

And to the end that the open and free fishery of our subjects 
may be extended to, and carried on upon the coast of Labrador 
and the adjacent islands, we have thought fit, with the advice of 
our said privy council, to put all that coast, from the river St. 
John's to Hudson's Streights, together with the islands of Anti- 
costi and Madelane, and all other smaller islands lying upon the 
said coast, under the care and inspection of our governor of 
Newfoundland. 

We have also, with the advice of our privy council, thought 
fit to annex the islands of St. John and Cape Breton, or Isle 
Royale, with the lesser islands adjacent thereto, to our govern- 
ment of Nova Scotia. 

We have also, with the advice of our privy council aforesaid, 
annexed to our province of Georgia, all the lands lying between 
the rivers Attamaha and St. Mary's. 

And whereas it will greatly contribute to the speedy settling 
our said new governments, that our loving subjects should be 
informed of our paternal care for the security of the liberty and 
properties of those who are, and shall become inhabitants thereof; 
we have thought fit to publish and declare, by this our proclama- 
tion, that we have, in the letters patent under our great seal of 
Great Britain, by which the said governments are constituted, 
given express power and direction to our.governors of our said 



1763] ROYAL PROCLAMATION CONCERNING AMERICA 269 

colonies respectively, that so soon as the state and circumstances 
of the said colonies will admit thereof, they shall, with the advice 
and consent of the members of our council, summon and call 
general assemblies within the said governments respectively, in 
such manner and form as is used and directed in those colonies 
and provinces in America, which are under our immediate gov- 
ernment; and we have also given power to the said governors, 
with the consent of our said councils, and the representatives of 
the people, so to be summoned as aforesaid, to make, consti- 
tute, and ordain laws, statutes, and ordinances for the public 
peace, welfare, and good government of our said colonies, and 
of the people and inhabitants thereof, as near as may be, agree- 
able to the laws of England, and under such regulations and 
restrictions as are used in other colonies; and in the mean time, 
and until such assemblies can be called as aforesaid, all persons 
inhabiting in, or resorting to, our said colonies, may confide in 
our royal protection for the enjoyment of the benefit of the laws 
of our realm of England : for which purpose we have given power 
under our great seal to the governors of our said colonies respec- 
tively, to erect and constitute, with the advice of our said coun- 
cils respectively, courts of judicature and public justice within 
our said colonies, for the hearing and determining all causes as 
well criminal as civil, according to law and equity, and as near 
as may be, agreeable to the laws of England, with liberty to all 
persons who may think themselves aggrieved by the sentence of 
such courts, in all civil cases, to appeal, under the usual limita- 
tions and restrictions, to us, in our privy council. 

We have also thought fit, with the advice of our privy council 
as aforesaid, to give unto the governors and councils of our said 
three new colonies upon the continent, full power and authority 
to settle and agree with the inhabitants of our said new colonies, 
or to any other person who shall resort thereto, for such lands, 
tenements, and hereditaments, as are now, or hereafter shall be, 
in our power to dispose of, and them to grant to any such person 
or persons, upon such terms, and under such moderate quit rents, 
services, and acknowledgments, as have been appointed and settled 
in other colonies, and under such other conditions as shall appear 
to us to be necessary and expedient for the advantage of the 
grantees, and the improvement and settlement of our said colonies. 

And whereas we are desirous, upon all occasions, to testify our 



2/0 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 7 

royal sense and approbation of the conduct and bravery of the 
officers and soldiers of our armies, and to reward the same, we 
do hereby command and impower our governors of our said three 
new colonies, and other our governors of our several provinces 
on the continent of North America, to grant, without f^e or 
reward, to such reduced officers as have served in North America 
during the late war, and are actually residing there, and shall 
personally apply for the same, the following quantities of land, 
subject, at the expiration of ten years, to the same quit rents as 
other lands are subject to in the province within which they are 
granted, as also subject to the same conditions of cultivation 
and improvement, viz. 

To every person having the rank of a field officer, 5000 acres. 

To every captain, 3000 acres. 

To every subaltern or staff officer, 2000 acres. 

To every non-commission officer, 200 acres. 

To every private man 50 acres. 

We do likewise authorise and require the governors and com- 
manders in chief of all our said colonies upon the continent of 
North America to grant the like quantities of land, and upon the 
same conditions, to such reduced officers of our navy of like 
rank, as served on board our ships of war in North America at 
the times of the reduction of Louisbourg and Quebec in the late 
war, and who shall personally apply to our respective governors 
for such grants. 

And whereas it is just and reasonable, and essential to our 
interest, and the security of our colonies, that the several nations 
or tribes of Indians, with whom we are connected, and who live 
under our protection, should not be molested or disturbed in the 
possession of such parts of our dominions and territories as, not 
having been ceded to, or purchased by us, are reserved to them, 
or any of them, as their hunting grounds; we do therefore, with 
the advice of our privy council, declare it to be our royal will 
and pleasure, that no governor, or commander in chief, in any 
of our colonies of Quebec, East Florida, or West Florida, do 
presume, upon any pretence whatever, to grant warrants of sur- 
vey, or pass any patents for lands beyond the bounds of their 
respective governments, as described in their commissions; as 
also that no governor or commander in chief of our other colo- 
nies or plantations in America, do presume for the present, and 



1763] ROYAL PROCLAMATION CONCERNING AMERICA 27 1 

until our further pleasure be known, to grant warrant of survey, 
or pass patents for any lands beyond the heads or sources of any 
of the rivers which fall into the Atlantic Ocean from the west or 
north-west; or upon any lands whatever, which not having been 
ceded to, or purchased by us, as aforesaid, are reserved to the 
said Indians, or any of them. 

And we do further declare it to be our royal will and pleasure, 
for the present, as aforesaid, to reserve under our sovereignty, 
protection, and dominion, for the use of the said Indians, all 
the land and territories not included within the limits of our 
said three new governments, or within the limits of the territory 
granted to the Hudson's Bay company; as also all the land and 
territories lying to the westward of the sources of the rivers which 
fall into the sea from the west and north-west as aforesaid; and 
we do hereby strictly forbid, on pain of our displeasure, all our 
loving subjects from making any purchases or settlements what- 
ever, or taking possession of any of the lands above reserved, 
without our special leave and licence for that purpose first 
obtained. 

And we do further strictly enjoin and require all persons what- 
ever, who have either willfully or inadvertently seated themselves 
upon any lands within the countries above described, or upon any 
other lands, which not having been ceded to, or purchased by 
us, are still reserved to the said Indians as aforesaid, forthwith 
to remove themselves from such settlements. 

And whereas great frauds and abuses have been committed in 
the purchasing lands of the Indians, to the great prejudice of 
our interests, and to the great dissatisfaction of the said Indians; 
in order, therefore, to prevent such irregularities for the future, 
and to the end that the Indians may be convinced of our justice 
and determined resolution to remove all reasonable cause of dis- 
content, we do, with the advice of our privy council, strictly 
enjoin and require, that no private person do presume to make 
any purchase from the said Indians of any lands reserved to the 
said Indians within those parts of our colonies where we have 
thought proper to allow settlement; but that if at any time any 
of the said Indians should be inclined to dispose of the said 
lands, the same shall be purchased only for us, in our name, at 
some public meeting or assembly of the said Indians, to be held 
for that purpose by the governor or commander in chief of our 



2/2 SUGAR ACT [Aprils 

colony respectively within which they shall lie : and in case they 
shall lie within the limits of any proprietaries, conformable to 
such directions and instructions as we or they shall think proper 
to give for that purpose : and we do, by the advice of our privy 
council, declare and enjoin, that the trade with the said Indians 
shall be free and open to all our subjects whatever, provided that 
every person who may incline to trade with the said Indians, do 
take out a licence for carrying on such trade, from the governor 
or commander in chief of any of our colonies respectively, where 
such person shall reside, and also give security to observe such 
regulations as we shall at any time think fit, by ourselves or com- 
missaries, to be appointed for this purpose, to direct and appoint 
for the benefit of the said trade : and we do hereby authorise, 
enjoin, and require the governors and commanders in chief of 
all our colonies respectively, as well those under our immediate 
government, as those under the government and direction of 
proprietaries, to grant such licences without fee or reward, 
taking especial care to insert therein a condition that such 
licence shall be void, and the security forfeited, in case the 
person, to whom the same is granted, shall refuse or neglect to 
observe such regulations as we shall think proper to prescribe as 
aforesaid. 

And we do further expressly enjoin and require all officers 
whatever, as well military as those employed in the management 
and direction of Indian affairs within the territories reserved, as 
aforesaid, for the use of the said Indians, to seize and apprehend 
all persons whatever, who standing charged with treasons, mis- 
prisions of treasons, murders, or other felonies or misdemeanors, 
shall fly from justice and take refuge in the said territory, and 
to send them under a proper guard to the colony where the crime 
was committed of which they shall stand accused, in order to 
take their trial for the same. 



No. 56. Sugar Act 

April 5, 1764 

Although the Seven Years' war had left Great Britain with a heavy 
debt, the expense of protecting the English possessions in America seemed 
likely to increase rather than diminish. The direct advantages of the 



1764] SUGAR ACT 273 

expulsion of the French had accrued mainly to the colonies, and it seemed 
proper to the ministry that a revenue should be raised in America for the 
support of the military establishment there. In connection with the plan for 
a colonial army, it was the desire to provide stronger support for the repre- 
sentatives of the Crown, and to put an end to the widespread violation of the 
acts of trade. " February 23, 1 763, Charles Townshend became first lord 
of trade, with the administration of the colonies, and he inaugurated, with 
the support of the ministry, the new system of colonial government. It was 
announced by authority that there were to be no more requisitions from the 
king to the colonial assemblies for supplies, but that the colonies were to be 
taxed by act of Parliament. Colonial governors and judges were to be paid 
by the Crown; they were to be supported by a standing army of twenty regi- 
ments; and all the expenses of this force were to be paid by parliamentary 
taxation" (Johnston). Grenville, who succeeded Bute in April as prime 
minister, was committed to this policy, and in May the Lords of Trade were 
called upon to submit a plan of colonial taxation. The duties prescribed by 
the Molasses Act of 1733 [No. 50] were prohibitory, and the statute itself had 
remained inoperative. To provide in part for the intended revenue, the act 
of April 5, 1764, known as the Sugar Act, was now passed, imposing duties 
upon certain colonial imports and exports. The Molasses Act was also made 
perpetual, but with a reduction by one-half of the duty on molasses and sugar. 

The extracts following give the important sections of the act, omitting 
minor technical and administrative provisions. 

References. — Text in Pickering's Statutes at Large, XXVI., 33-52. The 
act is cited as 4 Geo. III., c. 15. On the act, see especially Beer's Commercial 
Policy of England, chap. 8, and references there cited. 

An act for granting certain duties in the British colonies and 
plantations in America ; for continuing, amending, and making 
perpetual, an act passed in the sixth year of the reign of his 
late Majesty King George the Second, {intituled, An act for the 
better securing and encouraging the trade of his Majesty's sugar 
colonies in America;) for applying the produce of such duties, 
a7id of the duties to arise by virtue of the said act, tojoards de- 
fraying the expences of defending, protecting, and securing the 
said colonies and plantations ; for explaijiing an act made in 
the twenty fifth year of the reign of King Charles the Secofid, 
{intituled, An act for the encouragement of the Greenland 
and Eastland trades, and for the better securing the plantation 
trade ; ) ajid for altering and disallowing several drawbacks 
on exports from this kingdom, and more effectually preventittg 
the clandestine conveyance of goods to and from the said colo- 
nies and plantations, a?id improving and securing the trade 
between the same and Great Britain. 

T 



274 SUGAR ACT [Aprils 

WHEREAS it is expedient that new provisions and regulations 
should be established for itnproving the revenue of this Kingdom, 
and for extending and securing the navigation and commerce 
between Great Britain and your Majestfs dominions in America, 
which, by the peace, have been so happily enlarged : and whereas 
it is just and necessary, that a revenue be raised, in your Majestfs 
said dominions in America, for defraying the expences of defending, 
protecting, and securing the same ; we, your Majestfs most dutiful 
and loyal subjects, the commons of Great Britain, in parliament 
asse?nbled, being desirous to make some provision, in this present 
session of parliament, towards raising the said revenue in America, 
have resolved to give and grant unto your Majesty the several rates 
and duties herein after-mentioned ; and do most humbly beseech 
your Majesty, that it may be enacted ; and be it enacted . . . , That 
from and after the twenty ninth day of September, one thousand 
seven hundred and sixty four, there shall be raised, levied, col- 
lected, and paid, unto his Majesty . . . , for and upon all white 
or clayed sugars of the produce or manufacture of any colony or 
plantation in America, not under the dominion of his Majesty . . . ; 
for and upon indico, and coffee of foreign produce or manufac- 
ture ; for and upon all wines (except French wine ;) for and upon 
all wrought silks, bengals, and stuffs, mixed with silk or herba, of 
the manufacture of Persia, China, or East India, and all callico 
painted, dyed, printed, or stained there ; and for and upon all 
foreign linen cloth called Cambrick and French Lawns, which shall 
be imported or brought into any colony or plantation in America, 
which now is, or hereafter may be, under the dominion of his 
Majesty . . . , the several rates and duties following ; that is to say, 

For every hundred weight avoirdupois of such foreign white 
or clayed sugars, one pound two shillings, over and above all 
other duties imposed by any former act of parliament. 

For every pound weight avoirdupois of such foreign indico, six 
pence. 

For every hundred weight avoirdupois of such foreign coffee, 
which shall be imported from any place except Great Britain, 
two pounds, nineteen shillings, and nine pence. 

For every ton of wine of the growth of the Madeiras, or of 
any other island or place from whence such wine may be lawfullj'- 
imported, and which shall be so imported from such islands or 
places, the sum of seven pounds. 



1764] SUGAR ACT 275 

For every ton of Portugal, Spanish, or any other wine (except 
French wine) imported from Great Britain, the sum of ten 
shillings. 

For every pound weight avoirdupois of wrought silks, bengals, 
and stuffs, mixed with silk or herba, of the manufacture of Persia, 
China, or East India, imported from Great Britain, two shillings. 

For every piece of callico painted, dyed, printed, or stained, 
in Persia, China, or East India, imported from Great Britain, 
two shillings and six pence. 

For every piece of foreign linen cloth, called Cavibrick, im- 
ported from Great Britain, three shillings. 

For every piece of French lawn imported from Great Britain 
three shillings. . . . 

II. And it is hereby further enacted . . . That from and after 
. . . [September 29, 1764] . . . there shall also be raised, levied, 
collected, and paid, unto his Majesty . . . , for and upon all 
coffee and pimento of the growth and produce of any British 
colony or plantation in America, which shall be there laden on 
board any British ship or vessel, to be carried out from thence 
or any other place whatsoever, except Gi-eat Britain, the several 
rates and duties following; that is to say, 

III. For every hundred weight avoirdupois of such British 
coffee, seven shillings. 

For every pound weight avoirdupois of such British pimento, 
one halfpenny. . . . 

[Sections V. and VI. continue the Molasses Act in force until 
Sept. 30, 1764, after which it is to be perpetual, subject to the 
changes in this present act.] 

VI. And be it further enacted . . . , That in lieu and instead 
of the rate and duty imposed by the said act upon melasses and 
syrups, there shall, from and after . . . [September 29, 1764] . . . , 
be raised, levied, collected, and paid, unto his Majesty . . . , for 
and upon every gallon of melasses or syrups, being the growth, 
produce, or manufacture, of any colony or plantation in America, 
not under the dominion of his Majesty . . . , which shall be 
imported or brought into any colony or plantation in America, 
which now is, or hereafter may be, under the dominion of his 
Majesty . . . , the sum of three pence. 

*********** 

XI. And it is hereby further enacted . . . , That all the monies 



2/6 SUGAR ACT [April 5 

which,' from and after . . . [September 29, 1764] . . . , shall arise 
by the several rates arid duties herein before granted; and also 
by the duties which, from and after the said [date], shall be 
raised upon sugars and paneles, by virtue of the said act made 
in the sixth year of the reign of his said late Majesty King George 
the Second (except the necessary charges of raising, collecting, 
levying, recovering, answering, paying, and accounting for the 
same) shall be paid into the receipt of his Majesty's Exchequer, 
and shall be entered separate and apart from all other monies 
paid or payable to his Majesty . . . : and shall be there reserved, 
to be, from time to time, disposed of by parliament, towards 
defraying the necessary expences of defending, protecting, and 
securing, the British colonies and plantations in America. 

XVIIT. And be it further enacted . . . , That from and after 
. . . [September 29, 1764] . . . , no rum or spirits of the produce 
or manufacture of any of the colonies or plantations in America, 
not in the possession or under the dominion of his Majesty . . . , 
shall be imported or brought into any of the colonies or planta- 
tions in Atnerica which now are, or hereafter may be, in the 
possession or under the dominion of his Majesty . . . , upon for- 
feiture of all such rum or spirits, together with the ship or vessel 
in which the same shall be imported, with the tackle, apparel, and 
furniture thereof; to be seized by any officer or officers of his 
Majesty's customs, and prosecuted in such manner and form as 
herein after is expressed; any law, custom, or usage, to the con- 
trary notwithstanding. 

XIX. And it is hereby further enacted . . . , That from and 
after . . . [September 29, 1764] . . . , nothing in the before- 
recited act made in the sixth year of the reign of his late Majesty 
King George the Second, or any other act of parliament, shall 
extend, or be construed to extend, to give liberty to any person 
or persons whatsoever to import into the kingdom of Ireland, 
any sort of sugars, but such only as shall be fairly and bona fide 
loaden and shipped in Great Britain, and carried directly from 
thence in ships navigated according to law. 

XXIII. And whereas by an act of parliament made in the 
twelfth year of the reign of King Charles the Secpnd, intituled, 



1764] SUGAR ACT 277 

An act for encotcraging and increasing of shipping and navigation, 
and several subsequent acts of parliament which are now in force, 
it is, amongst other things, directed, that for every ship or vessel 
that shall load any commodities, in those acts particularly enu- 
merated, at any British plantation, being the growth, product, or 
maufacture thereof, bonds shall be given with one surety, to the 
value of one thousand pounds, if the ship be of less burthen than 
one hundred tons, and of the sum of two thousand pounds; if the 
ship be of greater burthen, that the same commodities shall be 
brought by such ship or vessel to some other British plantation, 
or to some port in Great Britain ; notwithstanding which, there 
is great reason to apprehend such goods are frequently carried to 
foreign parts, and landed there : and whereas great quantities of 
foreign molasses and syrups are clandestinely run on shore in the 
British colonies, to the prejudice of the revenue, and the great 
detriment of the trade of this kingdom, and it's American planta- 
tions; to remedy which practices for the future, be it further 
enacted . . . , I'hat from and after . . . [September 29, 1764] 
. . . , bond and security, in the like penalty, shall also be given 
to the collector or other principal officer of the customs at any 
port or place in any of the British American colonies or planta- 
tions, with one surety besides the master of every ship or vessel 
that shall lade or take on board there any goods not particularly 
enumerated in the said acts, being the product or manufacture of 
any of the said colonies or plantations, with condition, that, in 
case any molasses or syrups, being the produce of any of the 
plantations not under the dominion of his Majesty . . . , shall be 
laden on board such ship or vessel, the same shall (the danger of 
the seas and enemies excepted) be brought, without fraud or wil- 
ful diminution, by the said ship or vessel to some of his Majesty's 
colonies or plantations in America, or to some port in Great 
Britain ; and that the master or other person having the charge 
.of such ship or vessel, shall, immediately upon his arrival at 
every port or place in Great Britain, or in the British American 
colonies and plantations, make a just and true report of all the 
goods laden on board such ship or vessel under their true and 
proper denominations; and if any such non-enumerated goods 
shall be laden on board any such ship or vessel before such bond 
shall be given, the goods so laden together with the ship or vessel 
and her furniture shall be forfeited, and shall and may be seized 



27^ SUGAR ACT [Aprils 

by any officer of the customs, and prosecuted in the manner herein 
after directed. 



XXV. And it is hereby further enacted, That if any British 
ship or vessel laden, as aforesaid, with any goods of the produce 
or manufacture of any British colony or plantation in America, 
or having on board any molasses or syrups the produce of any 
foreign colony or plantation, shall be discovered by any officer of 
his Majesty's customs within two leagues of the shore of any 
British colony or plantation in America, and the master or per- 
son taking charge of such ship or vessel shall not produce a cer- 
tificate that bond has been given, pursuant to the directions of 
this or any other act of parliament, as the case may require; or 
if he shall not produce such certificate to the collector or other 
chief officer of the customs where he shall arrive, either in Great 
Britain or any British American colony or plantation, such ship 
or vessel, with her tackle, apparel, and furniture, and all the goods 
therein laden, shall be forfeited, and shall and may be seized and 
prosecuted as herein after is directed. 

*********** 

XXVII. And it is hereby further enacted . . . , That from 
and after . . . [September 29, 1764] . . . , all coffee, pimento, 
cocoa nuts, whale fins, raw silk, hides, and skins, pot and pearl 
ashes, of the growth, production, or manufacture, of any British 
colony or plantation in America, shall be imported directly from 
thence into this kingdom, or some other British colony or plan- 
tation, under the like securities, penalties, and forfeitures, as are 
particularly mentioned in two acts of parliament made in the 
twelfth and twenty fifth years of the reign of King Charles the 
Second, the former intituled, An act for the encouraging and 
increasing of shipping and navigation, and the latter intituled, An 
act for the encouragement of the Greenland and eastland trades, and 
for the better securing the plantation trade, or either of them, with 
respect to the goods in those acts particularly enumerated; any 
law, custom, or usage, to the contrary notwithstanding. 

XXVIII. And it is hereby further enacted . . . , That from and 
after . , . [September 29, 1764] . . . , no iron, nor any sort of 
wood, commonly called Lumber, as specified in an act passed in 
the eighth year of the reign of King Geoige the First, intituled, 



1764] SUGAR ACT 2^0 

An act for giving further encouragement for the importation of 
naval stores, and for other purposes therein mentioned, of the 
growth, production, or manufacture, of any British colony or 
plantation in America, shall be there loaden on board any ship 
or vessel to be carried from thence, until sufificient bond shall be 
given, with one surety besides the master of the vessel, to the 
collector or other principal ofificer of the customs at the loading 
port, in a penalty of double the value of the goods, with condi- 
tion, that the said goods shall not be landed in any part of 
Europe except Great Britain / . . . 

XXIX. And, for the better preventing frauds in the importa- 
tion or exportation of goods that are liable to the payment of 
duties, or are prohibited, in the British colonies or plantations 
in America, it is further enacted . . . , That from and after . . . 
[September 29, 1764] . . . , no goods, wares, or merchandizes, 
of any kind whatsoever, shall be shipped or laden on board any 
ship or vessel in any of the British colonies or plantations in 
America, to be carried from thence to any other British colony 
or plantation, without a sufferance or warrant first had and ob- 
tained from the collector or other proper ofificer of the customs 
at the port or place where such goods shall be intended to be put 
on Board. . , . 

XXX. And whereas British vessels arriving from foreign parts 
at several of the out ports of this kingdom, fully or in part laden 
abroad with goods that are pretended to be destined to some 
foreign plantation, do frequently take on board some small par- 
cels of goods in this kingdom which are entered outwards for 
some British colony or plantation, and a cocket and clearance 
thereupon granted for such goods, under cover of which the 
whole cargoes of such vessels are clandestinely landed in the 
British American dominions, contrary to several acts of parlia- 
ment now in force, to the great prejudice of the trade and 
revenue of this kingdom; for remedy whereof, be it further 
enacted . . . , That from and after the first day of May one thou- 
sand seven hundred and sixty four, no ship or vessel shall, upon 
any pretence whatsoever, be cleared outwards from any port of 
this kingdom, for any land, island, plantation, colony, territory, 
or place to his Majesty belonging, or which shall hereafter belong 
unto or be in the possession or under the dominion of his Majesty 
. . . , in America^ unless the whole and entire cargo of such ship 



28o SUGAR ACT [April 5 

or vessel shall be bona fide, and without fraud, laden and shipped 
in this kingdom. . . . 

XXXI. Provided always, That this act shall not extend, nor 
be construed to extend, to forfeit, for want of such cocket or 
clearance, any salt laden in Europe for the fisheries in New 
Etigland, Newfoundland, Pensylvania, New York, and Nova 
Scotia, or any other place to which salt is or shall be allowed 
by law to be carried; wines laden in iht Madeiras, of the growth 
thereof; and wines of the growth of the Western Islands, or 
Azores, and laden there; nor any horses, victuals, or linen cloth, 
of and from Ireland, which may be laden on board such ships 
or vessels. 

*********** 

XXXV. And, in order to prevent any illicit trade or commerce 
between his Majesty's subjects in America, and the subjects of the 
crown of France in the islands of Saint Pierre and Miquelon, it 
is hereby further enacted . . . , That from and after . . . [Septem- 
ber 29, 1764] . . . , if any British ship or vessel shall be found 
standing into, or coming out from, either of those islands, or 
hovering or at anchor within two leagues of the coasts thereof, 
or shall be discovered to have taken any goods or merchandizes 
on board at either of them, or to have been there for that pur- 
pose; such ship or vessel, and all the goods so taken on board 
there, shall be forfeited and lost, and shall and may be seized 
and prosecuted by any officer of his Majesty's customs; and the 
master or other person having the charge of such ship or vessel, 
and every person concerned in taking any such goods on board, 
shall forfeit treble the value thereof. 

*********** 

XXXVII. And it is hereby further enacted . . . , That from 
and after . . . [September 29, 1764 J . . . , if any goods or mer- 
chandizes whatsoever, liable to the payment of duties in any 
British colony or plantation in America by this or any other act 
of parliament, shall be loaden on board any ship or vessel out- 
ward bound, or shall be unshipped or landed from any ship or 
vessel inward bound, before the respective duties due thereon 
are paid, agreeable to law; or if any prohibited goods whatsoever 
shall be imported into, or exported out of, any of the said colo- 
nies or plantations, contrary to the true intent and meaning of 
this or any other act of parliament; every person who shall be 



1765] STAMP ACT 281 

assisting, or otherwise concerned, either in the loading outwards, 
or in the unshipping or landing inwards, such goods, or to whose 
hands the same shall knowingly come after the loading or unship- 
ping thereof, shall, for each and every offence, forfeit treble the 
value of such goods, to be estimated and computed according to 
the best price that each respective commodity bears at the place 
where such offence was committed; and all the boats, horses, 
cattle, and other carriages whatsoever, made use of in the load- 
ing, landing, removing, carriage, or conveyance, of any of the 
aforesaid goods, shall also be forfeited and lost, and shall and 
may be seized and prosecuted, by any officer of his Majesty's 
customs, as herein after mentioned. 



No. 57. Stamp Act 

March 22, 1765 

A stamp act formed part of the plan of colonial taxation outlined by 
Townshend in 1763, and adopted by Grenville when the latter became prime 
minister (see note to No. 5*6) . In September, 1763, the commissioners of 
stamp duties were requested to draft provisions for the extension of those 
duties to America. In March,.i764, shortly before the passage of the Sugar 
Act, Grenville announced his intention of introducing, at the next session, a 
stamp bill; and the plan received the approval of Parliament. In the mean- 
time, opportunity was givenN^e colonial agents to communicate with their 
respective governments, in order that the colonies, in case the stamp tax were 
deemed objectionable, might agree upon some other method of raising the 
desired revenue. The prospect of parliamentary taxation was viewed with 
alarm in America, where a stricter enforcement of the acts of trade was already 
thought to threaten disaster to commerce. When, however, the subject was 
again brought before Parliament by Grenville, in February, 1765, the colonial 
agents, although remonstrating against the proposed measure, were unable to 
recommend any substitute; while petitions from the colonial assemblies, and 
from London merchants interested in the American trade, were refused con- 
sideration, under a rule of the House of Commons forbidding the reception of 
petitions on money bills. There was little opposition in Parliament, and the 
bill passed the Commons by a vote of 205 to 49, and the Lords without a 
division. George III. was at the time insane, and the act received the royal 
assent, March 22, by commission. 

References. — Text in Pickering's Statutes at Large, XXVI., 179-204. 
The act is cited as 5 Geo. III., c. 12. The proceedings in Parliament may 
be followed in the Parliamentary History, XV., XVI., and the Annual Reg- 
ister (1765). The fullest account of the debates is in Bancroft's United States 
(ed. 1852), V. Contrasted English and American views are presented in Froth- 



282 STAMP ACT [March 22 

ingham's Rise of the Republic, chap. 5; Lecky's England in the Eighteenth 
Century (Amer. ed.), III., 333-375; Mahon's England, chap. 43, 45. Brad- 
ford's Massachusetts State Paper's, 33-92, gives the addresses and messages of 
Governor Bernard, and the answers of the House of Representatives, of that 
colony, in relation to the act and its repeal. The best-knoM'n contemporary 
expression of American opinion, called out by the Sugar Act and the proposal 
of a stamp act, is Otis's Rights of the British Colonies ; for a more moderate 
statement, see Stephen Hopkins's Rights of the Colonies Examined (in R. I. 
Col, Records, VL). 

An act for granting and applying certain stamp duties, and other 
duties, in the British colonies and plantations in America, 
towards further defraymig the expences of defending, protecting, 
and secu?-ing the same ; and for amending such parts of the 
several acts of parliament relating to the trade and revenues of 
the said colonies and plantations, as direct the manner of deter- 
mining and recovering the penalties and forfeitures therein 
mentioned. 

WHEREAS by an act made in the last session of parliament, 
several duties liiere granted, co7itinued, and appropriated, towards 
defraying the expences of defending, protecting, and securing, the 
British colonies and plantations in America : and whereas it is 
fust and necessary, that provision be made for raising a fwther 
revenue within your Mafesty^s dominions in America, towards 
defraying the said expences : we, your Majesty's most dutiful and 
loyal subjects, the commons of Great Britain in parliament 
assembled, have therefore resolved to give and grant unto your 
Majesty the several rates and duties here in after mentioned; 
and do most humbly beseech your Majesty that it may be en- 
acted, and be it enacted . . . , That from and after the first day 
of November, one thousand seven hundred and sixty five, there 
shall be raised, levied, collected, and paid unto his Majesty, his 
heirs, and successors, throughout the colonies and plantations in 
America which now are, or hereafter may be, under the domin- 
ion of his Majesty, his heirs and successors. 

For every skin or piece of vellum or parchment, or sheet or 
piece of paper, on which shall be ingrossed, written or printed, 
any declaration, plea, replication, rejoinder, demurrer, or other 
pleading, or any copy thereof, in any court of law within the 
British colonies and plantations in America, a stamp duty of 
three pence. '' 



1765] STAMP ACT 283 

For every skin ... on which shall be ingrossed . , . any 
special bail and appearance upon such bail in any such court, 
a stamp duty of two shillings. 

For every skin ... on which shall be ingrossed . . . any 
petition, bill, answer, claim, plea, replication, rejoinder, demur- 
rer, or other pleading in any court of chancery or equity within 
the said colonies and plantations, a stamp duty of one shilling 
and six pence. 

[For every copy of such petition, &c., three pence.] 

For every skin ... on which shall be ingrossed . . . any 
monition, libel, answer, allegation, inventory, or renunciation in 
ecclesiastical matters in any court of probate, court of the ordi- 
nary, or other court exercising ecclesiastical jurisdiction within 
the said colonies and plantations, a stamp duty of one shilling. 

For every skin ... on which shall be ingrossed . . . any 
copy of any will (other than the probate thereof) monition, libel, 
answer, allegation, inventory, or renunciation in ecclesiastical 
matters in any such court, a stamp duty of six pence. 

For every skin ... on which shall be ingrossed . . . any dona- 
tion, presentation, collation, or institution of or to any benefice, 
or any writ or instrument for the like purpose, or any register, 
entry, testimonial, or certificate of any degree taken in any uni- 
versity, academy, college, or seminary of learning, within the 
said colonies and plantations, a stamp duty of tAvo pounds. 

For every skin ... on which shall be ingrossed . . . any 
monition, libel, claim, answer, allegation, information, letter of 
request, execution, renunciation, inventory, or other pleading, 
in any admiralty court within the said colonies and plantations, 
a stamp duty of one shilling. 

[For every copy of such monition, &c., six pence.] 

For every skin ... on which shall- be ingrossed . . . any 
appeal, writ of error, writ of dower. Ad quod davinum, cer- 
tiorari, statute merchant, statute staple, attestation, or certificate, 
by any officer, or exemplification of any record or proceeding in 
any court whatsoever within the said colonies and plantations 
(except appeals, writs of error, certiorari, attestations, certifi- 
cates, and exemplifications, for or relating to the removal of any 
proceedings from before a single justice of the peace) a stamp 
duty of ten shillings. 

For eVery skin ... on which shall be ingrossed . . . any writ 



284 STAMP ACT [March 22 

of covenant for levying of fines, writ of entry for suffering a 
common recovery, or attachment issuing out of, or returnable 
into, any court within the said colonies and plantations, a stamp 
duty of five shillings. 

For every skin ... on which shall be ingrossed . . . any 
judgement, decree, sentence, or dismission, or any record of 
Nisi Pritis or Postea, in any court within the said colonies and 
plantations, a stamp duty of four shillings. 

For every skin ... on which shall be ingrossed . . . any 
afifidavit, common bail or appearance, interrogatory deposition, 
rule, order, or warrant of any court, or any Dedimus Potestatem, 
Capias, Subpoina, summons, compulsory citation, commission, 
recognizance, or any other writ, process, or mandate, issuing 
out of, or returnable into, any court, or any office belonging 
thereto, or any other proceeding therein whatsoever, or any copy 
thereof, or of any record not herein before charged, within the 
said colonies and plantations (except warrants relating to crimi- 
nal matters, and proceedings thereon or relating thereto) a stamp 
duty of one shilling. 

For every skin ... on which shall be ingrossed . . . any 
licence, appointment, or admission of any counsellor, sollicitor, 
attorney, advocate, or proctor, to practise in any court, or of 
any notary within the said colonies and plantations, a stamp duty 
of ten pounds. 

For every skin ... on which shall be ingrossed . . . any 
note or bill of lading, which shall be signed for any kind of 
goods, wares, or merchandize, to be exported from, or any cocket 
or clearance granted within the said colonies and plantations, a 
stamp duty of four pence. 

For every skin ... on which shall be ingrossed . . . letters of 
mart, or commission for private ships of war, within the said 
colonies and plantations, a stamp duty of twenty shillings. 

For every skin ... on which shall be ingrossed . . . any grant, 
appointment, or admission of or to any publick beneficial office 
or employment, for the space of one year, or any lesser time, of 
or above the value of twenty pounds pe7' annum sterling money, 
in salary, fees, and perquisites, within the said colonies and 
plantations, (except commissions and appointments of officers of 
the army, navy, ordnance, or militia, of judges, and of justices 
of the peace) a stamp duty of ten shillings. 



1765] STAMP ACT 285 

For every skin ... on which any grant of any liberty, privilege, 
or franchise, under the seal of any of the said colonies or planta- 
tions, or under the seal or sign manual of any governor, proprietor, 
or publick officer alone, or in conjunction with any other person 
or persons, or with any council, or any council and assembly, or 
any exemplification of the same, shall be ingrossed . . • , within 
the said colonies and plantations, a stamp duty of six pounds. 

For every skin ... on which shall be ingrossed . . . any 
licence for retailing of spirituous liquors, to be granted to any 
person who shall take out the same, within the said colonies and 
plantations, a stamp duty of twenty shillings. 

For every skin ... on which shall be ingrossed . . . any licence 
for retailing of wine, to be granted to any person who shall not 
take out a licence for retailing of spirituous liquors, within the 
said colonies and plantations, a stamp duty of four pounds. 

For every skin ... on which shall be ingrossed . . . any licence 
for retailing of wine, to be granted to any person who shall take 
out a licence for retailing of spirituous liquors, within the said 
colonies and plantations, a stamp duty of three pounds. 

For every skin ... on which shall be ingrossed . . . any 
probate of a will, letters of administration, or of guardianship 
for any estate above the value of twenty pounds sterling money; 
within the British colonies and plantations upon the continent 
of America, the islands belonging thereto, and the Bermuda and 
Bahama islands, a stamp duty of five shillings. 

For every skin ... on which shall be ingrossed . . . any such 
probate, letters of administration or of guardianship, within all 
other parts of the British dominions in America, a stamp duty 
of ten shillings. 

For every skin ... on which shall be ingrossed . . . any bond 
for securing the payment of any sum of money, not exceeding the 
sum of ten pounds sterling money, within the British colonies 
and plantations upon the continent of America, the islands be- 
longing thereto, and the Bermuda and Bahama islands, a stamp 
duty of six pence. 

For every skin ... on which shall be ingrossed . . . any bond 
for securing the payment of any sum of money above ten pounds, 
and not exceeding the sum of twenty pounds sterling money, 
within such colonies, plantations, and islands, a stamp duty of 
one shilling. 



286 STAMP ACT [March 22 

For every skin ... on which shall be ingrossed . . . any bond 
for securing the payment of any sum of money above twenty 
pounds, and not exceeding forty pounds sterling money, within 
such colonies, plantations, and islands, a stamp duty of one shil- 
ling and six pence. 

For every skin ... on which shall be ingrossed . . . any order 
or warrant for surveying or setting out any quantity of land, not 
exceeding one hundred acres, issued by any governor, proprietor, 
or any publick officer alone, or in conjunction with any other 
person or persons, or with any council, or any council and assem- 
bly, within the British colonies and plantations in America, a 
stamp duty of six pence. 

For every skin ... on which shall be ingrossed . . . any such 
order or warrant for surveying or setting out any quantity of land 
above one hundred, and not exceeding two hundred acres, within 
the said colonies and plantations, a stamp duty of one shilling. 

For every skin ... on which shall be ingrossed . . . any such 
order or warrant for surveying or setting out any quantity of land 
above two hundred, and not exceeding three hundred and twenty 
acres, and in proportion for every such order or warrant for 
surveying or setting out every other three hundred and twenty 
acres, within the said colonies and plantations, a stamp duty of 
one shilling and six pence. 

For every skin ... on which shall be ingrossed . . . any origi- 
nal grant, or any deed, mesne conveyance, or other instrument 
whatsoever, by which any quantity of land not exceeding one 
hundred acres shall be granted, conveyed, or assigned, within the 
British colonies and plantations upon the continent of America, 
the islands belonging thereto, and the Bermuda and Bahama 
islands (except leases for any term not exceeding the term of 
twenty one years) a stamp duty of one shilling and six pence. 

For every skin ... on which shall be ingrossed . . . any such 
original grant ... by which any quantity of land above one 
hundred, and not exceeding two hundred acres, shall be granted 
. . . within such colonies, plantations, and islands, a stamp duty 
of two shillings. 

For every skin ... on which shall be ingrossed . . . any such 
original grant ... by which any quantity of land above two 
hundred, and not exceeding Three hundred and twenty acres, 
shall be granted . . . and in proportion for every such grant . . . 



1765] STAMP ACT 287 

granting . . . every other three hundred and twenty acres, within 
such colonies, plantations, and islands, a stamp duty of two shil- 
lings and six pence. 

For every skin ... on which shall be ingrossed . . . any such 
original grant ... by which any quantity of land not exceeding 
one hundred acres shall be granted . . . within all other parts 
of the British dominions in America, a stamp duty of three 
shillings. 

For every skin ... on which shall be ingrossed . . . any 
such original grant ... by which any quantity of land above 
one hundred, and not exceeding two hundred acres, shall be 
granted . . . within the same parts of the said dominions, a 
stamp duty of four shillings. 

For every skin ... on which shall be ingrossed . . . any such 
original grant . . . whereby any quantity of land above two 
hundred, and not exceeding three hundred and twenty acres, 
shall be granted . . . and in proportion for every such grant . . . 
granting . . . every other three hundred and twenty acres, 
within the same parts of the said dominions, a stamp duty of 
five shillings. 

For every skin ... on which shall be ingrossed . . . any grant, 
appointment, or admission, of or to any publick beneficial ofifice 
or employment, not herein before charged, above the value of 
twenty pounds /<?/' annum sterling money in salary, fees, and per- 
quisites, or any exemplification of the same, within the British 
colonies and plantations upon the continent of America, the 
islands belonging thereto, and the Be^-muda and Bahatna islands 
(except commissions of officers of the army, navy, ordnance, or 
militia, and of justices of the peace) a stamp duty of four pounds. 

For every skin ... on which shall be ingrossed . . . any such 
grant . . . within all other parts of the British dominions in 
America, a stamp duty of six pounds. 

For every skin ... on which shall be ingrossed . . . any inden- 
ture, lease, conveyance, contract, stipulation, bill of sale, charter 
party, protest, articles of apprenticeship, or covenant (except for 
the hire of servants not apprentices, and also except such other 
matters as are herein before charged) within the Biitish colonies 
and plantations in Ajnerica, a stamp duty of two shillings and 
six pence. 

For every skin ... on which any warrant or order for auditing 



288 STAMP ACT [March 22 

any publick accounts, beneficial warrant, order, grant, or certifi- 
cate, under any publick seal, or under the seal or sign manual of 
any governor, proprietor, or publick officer alone, or in conjunc- 
tion with any other person or persons, or with any council, or any 
council and assembly, not herein before charged, or any passport 
or let-pass, surrender of office, or policy of assurance, shall be 
ingrossed . . . within the said colonies and plantations (except 
warrants or orders for the service of the navy, army, ordnance, 
or militia, and grants of offices under twenty pounds per annum 
in salary, fees, and perquisites) a stamp duty of five shillings. 

For every skin ... on which shall be ingrossed . . . any 
notarial act, bond, deed, letter of attorney, procuration, mort- 
gage, release, or other obligatory instrument, not herein before 
charged, within the said colonies and plantations, a stamp duty 
of two shillings and three pence. 

For every skin ... on which shall be ingrossed . . . any 
register, entry, or inrollment of any grant, deed, or other instru- 
ment whatsoever herein before charged, within the said colonies 
and plantations, a stamp duty of three pence. 

For every skin ... on which shall be ingrossed . . . any 
register, . . , not herein before charged, within the said colonies 
and plantations, a stamp duty of two shillings. 

And for and upon every pack of playing cards, and all dice, 
which shall be sold or used within the said colonies and planta- 
tions, the several stamp duties following (that is to say) 
For every pack of such cards, the sum of one shilling. 
And for every pair of such dice, the sum of ten shillings. 
And for and upon every paper, commonly called a pamphlet, 
and upon every news paper, containing publick news, intelli- 
gence, or occurrences, which shall be printed, dispersed, and 
made publick, within any of the said colonies and plantations, 
and for and upon such advertisements as are herein after men- 
tioned, the respective duties following (that is to say) 

For every such pamphlet and paper contained in half a sheet, 
or any lesser piece of paper, which shall be so printed, a stamp 
duty of one halfpenny, for every printed copy thereof. 

For every such pamphlet and paper (being larger than half a 
sheet, and not exceeding one whole sheet) which shall be so 
printed, a stamp duty of one penny, for every printed copy 
thereof. 



1765] STAMP ACT 289 

For every pamphlet and paper being larger than one whole 
sheet, and not exceeding six sheets in octavo, or in a lesser page, 
or not exceeding twelve sheets in quarto, or twenty sheets in 
folio, which shall be so printed, a duty after the rate of one 
shilling for every sheet of any kind of paper which shall be con- 
tained in one printed copy thereof. 

For every advertisement to be contained in any gazette, news 
paper, or other paper, or any pamphlet which shall be so printed, 
a duty of two shillings. 

For every almanack or calendar, for any one particular year, or 
for any time less than a year, which shall be written or printed 
on one side only of any one sheet, skin, or piece of paper parch- 
ment, or vellum, within the said colonies and plantations, a 
stamp duty of two pence. 

For every other almanack or calendar for any one particular 
year, which shall be written or printed within the said colonies 
and plantations, a stamp duty of four pence. 

And for every almanack or calendar written or printed within 
the said colonies and plantations, to serve for several years, 
duties to the same amount respectively shall be paid for every 
such year. 

For every skin ... on which any instrument, proceeding, or 
other matter or thing aforesaid, shall be ingrossed . . . within 
the said colonies and plantations, in any other than the English 
language, a stamp duty of double the amount of the respective 
duties before charged thereon. 

And there shall be also paid in the said colonies and planta- 
tions, a duty of six pence for every twenty shillings, in any sum 
not exceeding fifty pounds sterling money, which shall be given, 
paid, contracted, or agreed for, with or in relation to any clerk 
or apprentice, which shall be put or placed to or with any master 
or mistress to learn any profession, trade, or employment. 

II. And also a duty of one shilling for every twenty shillings, 
in any sum exceeding fifty pounds, which shall be given, paid, 
contracted, or agreed, for, with, or in relation to any such clerk 
or apprentice. 

III. And be it further enacted . . . , That every deed, instru- 
ment, note, memorandum, letter, or other minument or writing, 
for or relating to the payment of any sum of money, or for mak- 
ing any valuable consideration for or upon the loss of any ship, 

u 



290 STAMP ACT [March 22 

vessel, goods, wages, money, effects, or upon any loss by fire, 
or for any other loss whatsoever, or for or upon any life or lives, 
shall be construed, deemed, and adjudged to be policies of assur- 
ance, within the meaning of this act: and if any such deed, . . . 
for insuring, or tending to insure, any more than one ship or 
vessel for more than any one voyage, or any goods ... or other 
matter or thing whatsoever, for more than one voyage, or in more 
than one ship or vessel, or being the property of, or belonging 
to, any more than one person, or any particular number of per- 
sons in general partnership, or any more than one body politick 
or corporate, or for more than one risque; then, in every such 
case, the money insured thereon, or the valuable consideration 
thereby agreed to be made, shall become the absolute property of 
the insured, and the insurer shall also forfeit the premium given 
for such insurance, together with the sum of one hundred pounds. 

IV. And be it further enacted . . . , That every deed, instru- 
ment, note, memorandum, letter, or other minument or writing, 
between the captain or master or owner of any ship or vessel, 
and any merchant, trader, or other person, in respect to the 
Freight or conveyance of any money, goods, wares, merchan- 
dizes, or effects, laden or to be laden on board of any such ship 
or vessel, shall be deemed and adjudged to be a charter party 
within the meaning of this act. 

V. And be it further enacted . . . , That all books and pam- 
phlets serving chiefly for the purpose of an almanack, by what- 
soever name or names intituled or described, are and shall be 
charged with the duty imposed by this act on almanacks, but not 
with any of the duties charged by this act on pamphlets, or 
other printed papers ; any thing herein contained to the con- 
trary notwithstanding. 

VI. Provided always, that this act shall not extend to charge 
any bills of exchange, accompts, bills of parcels, bills of fees, 
or any bills or notes not sealed for payment of money at sight, 
or upon demand, or at the end of certain days of payment. 

VII. Provided, That nothing in this act contained shall ex- 
tend to charge the probate of any will, or letters of administra- 
tion to the effects of any common seaman or soldier, who shall 
die in his Majesty's service; a certificate being produced from the 
commanding ofificer of the ship or vessel, or troop or company 
in which such seaman or soldier served at the time of his death. 



1765] STAMP ACT 291 

and oath, or if by a quaker a solemn affirmation, made of the 
truth thereof, before the proper judge or officer by whom such 
probate or administration ought to be granted; which oath or 
affirmation such judge or officer is hereby authorized and required 
to administer, and for which no fee or reward shall be taken. 

VIII. Provided always, and be it enacted, That until after 
the expiration of five years from the commencement of the 
said duties, no skin ... on which any instrument . . . shall be 
ingrossed . . • , within the colonies of Quebec or Granada, in 
any other than the English language, shall be liable to be charged 
with any higher stamp duty than if the same had been ingrossed 
... in the English language. 

IX. Provided always. That nothing in this act contained shall 
extend to charge with any duty, any deed, or other instrument, 
which shall be made between any Indian nation and the 
governor, proprietor of any colony, lieutenant governor, or 
commander in chief alone, or in conjunction with any other 
person or persons, or with any council, or any council and 
assembly of any of the said colonies or plantations, for or relat- 
ing to the granting, surrendering, or conveying, any lands be- 
longing to such nation, to, for, or on behalf of his Majesty, or 
any such proprietor, or to any colony or plantation. 

X. Provided always, That this act shall not extend to charge 
any proclamation, forms of prayer and thanksgiving, or any 
printed votes of any house of assembly in any of the said colo- 
nies and plantations, with any of the said duties on pamphlets 
or news papers; or to charge any books commonly used in any 
of the schools within the said colonies and plantations, or any 
books containing only matters of devotion or piety; or to charge 
any single advertisement printed by itself, or the daily accounts 
or bills of goods imported and exported, so as such accounts 
or bills do contain no other matters than what have been usually 
comprized therein; any thing herein contained to the contrary 
notwithstanding. 

XL Provided always, That nothing in this act contained 
shall extend to charge with any of the said duties, any vellum 
... on which shall only be engrossed . . . any certificate that 
shall be necessary to intitle any person to receive a bounty 
granted by act of parliament. 

XII. And be it further enacted . . . , That the said several 



292 STAMP ACT [March 22 

duties shall be under the management of the commissioners, for 
the time being, of the duties charged on stamped vellum, parch- 
ment, and paper, in Great Britain : and the said commissioners 
are hereby impowered and required to employ such officers under 
them, for that purpose, as they shall think proper; and to use such 
stamps and marks, to denote the stamp duties hereby charged, as 
they shall think fit; and to repair, renew, or alter the same, from 
time to time, as there shall be occasion ; and to do all other 
acts, matters, and things, necessary to be done, for putting this 
act in execution with relation to the duties hereby charged. 

XIII. And be it further enacted . . . , That the commissioners 
for managing the said duties, for the time being, shall and may 
appoint a fit person or persons to attend in every court or publick 
office within the said colonies and plantations, to take notice of 
the vellum, parchment, or paper, upon which any of the matters 
or things hereby charged with a duty shall be ingrossed, written, 
or printed, and of the stamps or marks thereupon, and of all 
other matters and things tending to secure the said duties; and 
that the judges in the several courts, and all other persons to 
whom it may appertain, shall, at the request of any such officer, 
make such orders, and do such other matters and things, for 
the better securing of the said duties, as shall be lawfully or 
reasonably desired in that behalf : [said officers to take an oath 
for the faithful performance of their duties.] 

XIV. And be it further enacted . . . , That the said commis- 
sioners, and all officers to be employed or entrusted by or under 
them as aforesaid, shall, from time to time, in and for the better 
execution of their several places and trusts, observe such rules, 
methods, and orders, as they respectively shall, from time to 
time, receive from the high treasurer of Great Britain, or the 
commissioners of the treasury, or any three or more of such 
commissioners for the time being; and that the said commis- 
sioners for managing the stamp duties shall take especial care, 
that the several parts of the said colonies and plantations shall, 
from time to time, be sufficiently furnished with vellum, parch- 
ment, and paper, stamped or marked with the said respective 
duties. 

XV. And be it further enacted . . . , That if any person or 
persons shall sign, ingross, write, print, or sell, or expose to sale, 
or cause to be signed, ingrossed, written, printed, or sold, or 



1765] STAMP ACT 293 

exposed to sale, in any of the said colonies or plantations, or in 
any other part of his Majesty's dominions, any matter or thing, 
for which the vellum ... is hereby charged to pay any duty, 
before the same shall be marked or stamped with the marks or 
stamps to be provided as aforesaid, or upon which there shall 
not be some stamp or mark resembling the same; or shall sign, 
ingross, ... or expose to sale . . . , any matter or thing upon 
any vellum . . . that shall be marked or stamped for any lower 
duty than the duty by this act made payable in respect thereof; 
every such person so offending shall, for every such offence, for- 
feit the sum of ten pounds. 

XVI. And be it further enacted . . . , That no matter or thing 
whatsoever, by this act charged with the payment of a duty, shall 
be pleaded or given in evidence, or admitted in any court within 
the said colonies and plantations, to be good, useful, or avail- 
able in law or equity, unless the same shall be marked or 
stamped, in pursuance of this act, with the respective duty 
hereby charged thereon, or with an higher duty. 

XVII. Provided nevertheless, and be it further enacted . • . , 
That if any vellum . . . containing any deed, instrument, or 
other matter or thing, shall not be duly stamped in pursuance 
of this act, at the time of the signing, sealing, or other execu- 
tion, or the entry or inrollment thereof, any person interested 
therein, or any person on his or her behalf, upon producing the 
same to any one of the chief distributors of stampt vellum . . . , 
and paying to him the sum of ten pounds for every such deed, 
instrument, matter, or thing, and also double the amoimt of 
the duties payable in respect thereof, shall be intitled to receive 
from such distributor, vellum . . . stamped pursuant to this act, 
to the amount of the money so paid; a certificate being first 
written upon every such piece of vellum . . . , expressing the 
name and place of abode of the person by or on whose behalf 
such payment is made, the general purport of such deed . . . , 
the names of the parties therein, and of the witnesses (if any) 
thereto, and the date thereof, which certificate shall be signed 
by the said distributor; and the vellum . . . shall be then annexed 
to such deed, ... by or in the presence of such distributor, who 
shall impress a seal upon wax, to be affixed on the part where 
such annexation shall be made, in the presence of a magistrate, 
who shall attest such signature and sealing; and the deed . . . 



294 STAMP ACT [March 22 

from thenceforth shall and may,, with the vellum ... so annexed, 
be admitted and allowed in evidence in any court whatsoever, 
and shall be as valid and effectual as if the proper stamps had 
been impressed thereon at the time of the signing . . . thereof : 
and the said distributor shall, once in every six months, or 
oftener if required by the commissioners for managing the stamp 
duties, send to such commissioners true copies of all such cer- 
tificates, and an account of the number of pieces of vellum . . . 
so annexed, and of the respective duties impressed upon every 
such piece, 

XVIII. And be it further enacted . . . , That if any person shall 
forge, counterfeit, erase, or alter, any such certificate, every such 
person so offending shall be guilty of felony, and shall suffer 
death as in cases of felony without the benefit of clergy. 

XIX. And be it further enacted . . . That if any person or 
persons shall, in the said colonies or plantations, or in any other 
part of his Majesty's dominions, counterfeit or forge any seal, 
stamp, mark, type, device, or label, to resemble any seal . . . 
which shall be provided or made in pursuance of this act; or 
shall counterfeit or resemble the impression of the same upon 
any vellum, parchment, paper, cards, dice or other matter or 
thing, thereby to evade the payment of any duty hereby granted; 
or shall make, sign, print, utter, vend, or sell, any vellum, . . . 
with such counterfeit mark or impression thereon, knowing such 
mark or impression to be counterfeited; then every person so 
offending shall be adjudged a felon, and shall suffer death as in 
cases of felony without the benefit of clergy. 

XX. And it is hereby declared, That upon any prosecution or 
prosecutions for such felony, the dye, tool, or other instrument 
made use of in counterfeiting or forging any such seal, stamp, 
mark, type, device, or label, together with the vellum . . . hav- 
ing such counterfeit impression, shall, immediately after the trial 
or conviction of the party or parties accused, be broke, defaced, 
or destroyed, in open court. 

XXI. And be it further enacted . . . , That if any register, 
publick officer, clerk, or other person in any court, registry, or 
office within any of the said colonies or plantations, shall, at any 
time after the said first day of November, one thousand seven 
hundred and sixty five, enter, register, or inroll, any matter or 
thing hereby charged with a stamp duty, unless the same shall 



1765] STAMP ACT 295 

appear to be duly stamped; in every such case such register, 
publick officer, clerk, or other person, shall, for every such 
offence, forfeit the sum of twenty pounds. 

XXII. And be it further enacted . . . That from and after . . . 
[Nov. I, 1765] ... if any counsellor, clerk, officer, attorney, 
or other person, to whom it shall appertain, or who shall be 
employed or intrusted, in the said colonies . . . , to enter or file 
any matter or thing in respect whereof any duty shall be payable 
by virtue of this act, shall neglect to enter, file, or record the 
same, as by law the same ought to be entered, filed, or recorded, 
within the space of four months after he shall have received any 
money for or in respect of the same, or shall have promised or 
undertaken so to do; or shall neglect to enter, file, or record, any 
such matter or thing, before any subsequent, further, or other 
proceeding, matter, or thing, in the same suit, shall be had, 
entered, filed, or recorded; that then every such counsellor, 
clerk, officer, attorney, or other person so neglecting or offend- 
ing, in each of the cases aforesaid, shall forfeit the sum of fifty 
pounds for every such offence. 

XXIII. And be it further enacted, . . . That if any person or 
persons, at anytime after . . . [Nov. i, 1765] . . . shall write, 
ingross, or print, or cause to be written, ingrossed, or printed, in 
the said colonies . . . , or any other part of his said Majesty's 
dominions, either the whole or any part of any matter or thing 
whatsoever in respect whereof any duty is payable by this act, 
upon any part of any piece of vellum . . . whereon there shall 
have been before written any other matter or thing in respect 
whereof any duty was payable by this act; or shall fraudulently 
erase, or cause to be erased, the name or names of any person 
or persons, or any sum, date, or other thing, ingrossed, written, 
or printed, in such matter or thing as aforesaid; or fraudulently 
cut, tear, or get off, any mark or stamp from any piece of vellum 
. . . , or any part thereof, with intent to use such stamp or mark 
for any other matter or thing in. respect whereof any duty shall 
be payable by virtue of this act; that then, and so often, and 
in every such case, every person so offending shall, for every such 
offence, forfeit the sum of fifty pounds. 

XXIV. And be it further enacted . . . , That every matter and 
thing, in respect whereof any duty shall be payable in pursuance 
of this act, shall be ingrossed ... in such manner, that some 



296 STAMP ACT [March 22 

part thereof shall be either upon, or as near as conveniently may 
be, to the stamps or marks denoting the duty; upon pain that the 
person who shall ingross ... or cause to be ingrossed . . . any 
such matter or thing in any other manner, shall, for every such 
offence, forfeit the sum of five pounds. 

XXV. And be it further enacted . . . , That every officer of 
each court, and every justice of the peace or other person within 
the said colonies . . . , who shall issue any writ or process upon 
which a duty is by this act payable, shall, at the issuing thereof, 
set down upon such writ or process the day and year of his 
issuing the same, which shall be entered upon a remembrance, 
or in a book to be kept for that purpose, setting forth the abstract 
of such writ or process; upon pain to forfeit the sum of ten 
pounds for every such offence. 

XXVI. And, for the better collecting and securing the duties 
hereby charged on pamphlets containing more than one sheet of 
paper as aforesaid, be it further enacted . . . , That from and 
after . , . [Nov. i, 1765] . . . one printed copy of every pam- 
phlet which shall be printed or published within any of the said 
colonies . . . , shall within the space of fourteen days after the 
printing thereof, be brought to the chief distributor in the 
colony . . . where such pamphlet shall be printed, and the title 
thereof, with the number of the sheets contained therein, and 
the duty hereby charged thereon, shall be registered or entered 
in a book to be there kept for that purpose; which duty shall be 
thereupon paid to the proper officer or officers appointed to 
receive the same, or his or their deputy or clerk, who shall 
thereupon forthwith give a receipt for the same on such printed 
copy, to denote the payment of the duty hereby charged on such 
pamphlet; and if any such pamphlet shall be printed or pub- 
lished, and the duty hereby charged thereon shall not be duly 
paid, and the title and number of sheets shall not be registered, 
and a receipt for such duty given on one copy, where required, 
so to be, within the time herein before for that purpose limited; 
that then the author, printer, and publisher, and all other per- 
sons concerned in or about the printing or publishing of such 
pamphlet, shall, for every such offence, forfeit the sum of ten 
pounds, and shall lose all property therein, and in every other 
copy thereof, so as any person may freely print and publish the 
same, paying the duty payable in respect thereof by virtue of this 



1765] STAMP ACT 297 

act, without being liable to any action, prosecution, or penalty 
for so doing. 

XXVII. And it is hereby further enacted . . . , That no person 
whatsoever shall sell or expose to sale any such pamphlet, or any 
news paper, without the true respective name or names, and 
place or places of abode, of some known person or persons by 
or for whom the same was really and truly printed or published, 
shall be written or printed thereon; upon pain that every person 
offending therein shall, for every such offence, forfeit the sura 
of twenty pounds. 

XXVIII. And be it further enacted • . . , That no oflficer ap- 
pointed for distributing stamped vellum ... in the said colonies 
. . . , shall sell or deliver any stamped paper for printing any 
pamphlet, or any publick news, intelligence, or occurrences, to 
be contained in one sheet, or any lesser piece of paper, unless 
such person shall give security to the said ofificer, for the pay- 
ment of the duties for the advertisements which shall be printed 
therein or thereupon. 

XXIX. And whereas it may be uncertain how many printed 
copies of the said printed news papers or pamphlets, to be con- 
tained in one sheet or in a lesser piece of paper, may be sold; 
and to the intent the duties hereby granted thereupon may not 
be lessened by printing a less number than may be sold, out of 
a fear of a loss thereby in printing more such copies than will 
be sold; it is hereby provided, and be it further enacted . . . , 
That the proper ofificer or oflficers appointed for managing the 
said stamp duties, shall and may cancel, or cause to be cancelled, 
all the stamps upon the copies of any impression of any news 
paper or pamphlet contained in one sheet, or any lesser piece 
of paper, which shall really and truly remain unsold, and of 
which no profit or advantage has been made; and upon oath, or 
if by a quaker, upon solemn affirmation, made before a justice 
of the peace, or other proper magistrate, that all such copies, 
containing the stamps so tendered to be cancelled, are really and 
truly remaining unsold, and that none of the said' copies have 
been fraudulently returned or rebought, or any profit or advantage 
made thereof; which oath or affirmation such magistrate is 
hereby authorized to administer, and to examine upon oath or 
affirmation into all circumstances relating to the selling or dis- 
posing of such printed copies, shall and may deliver, or cause 



298 STAMP ACT [March 22 

to be delivered, the like number of other sheets, half sheets, 
or less-pieces of paper, properly stamped with the same respective 
stamps, upon payment made for such paper, but no duty shall 
be taken for the stamps thereon; any thing herein contained to 
the contrary notwithstanding: and the said commissioners for 
managing the stamp duties for the time being are hereby im- 
powered, from time to time, to make such rules and orders for 
regulating the methods, and limiting the times, for such can- 
celling and allowance as aforesaid, with respect to such news 
papers and pamphlets, as they shall, upon experience and con- 
sideration of the several circumstances, find necessary or con- 
venient, for the effectual securing the duties thereon, and doing 
justice to the persons concerned in the printing and publishing 
thereof. 

XXX. Provided always, and be it further enacted . . . , That 
any officer or officers employed by the said commissioners for 
managing the stamp duties, shall and may deliver to any person, 
by or for whom any almanack or almanacks shall have been 
printed, paper marked or stamped according to the true intent 
and meaning hereof, for the printing such almanack or alman- 
acks, upon his or her giving sufficient security to pay the amount 
of the duty hereby charged thereon, within the space of three 
months after such delivery; and that the said officer or officers, 
upon bringing to him or them any number of the copies of such 
almanacks, within the space of three months from the said 
delivery and request to him or them in that behalf made, shall 
cancel all the stamps upon such copies, and abate to every such 
person so much of the money due upon such security as such 
cancelled stamps shall amount to. 

XXXI. Provided always. That where any almanack shall con- 
tain more than one sheet of paper, it shall be sufficient to stamp 
only one of the sheets or pieces of paper upon which such 
almanack shall be printed, and to pay the duty accordingly. 

XXXII. And it is hereby further enacted . . . , That from and 
after the said first day of November, one thousand seven hundred 
and sixty five, in case any person or persons, within any of the 
said colonies . . . , shall sell, hawk, carry about, utter, or 
expose to sale, any almanack, or calendar, or any news paper, 
or any book, pamphlet, or paper, deemed or construed to be, or 
serving the purpose of, an almanack or news paper, within the 



1765] STAMP ACT 299 

intention and meaning of this act, not being stamped or marked 
as by this act is directed; every such person, shall for every such 
offence, forfeit the sum of forty shillings. 

XXXIII. And be it further enacted . . . , That from and after 
. . . [Nov. I, 1765] . . . , the full sum or sums of money, or 
other valuable consideration received, or in any wise directly or 
indirectly given, paid, agreed, or contracted, for, with, or in 
relation to any clerk or apprentice, within any of the said colo- 
nies . . . , shall be truly inserted, or written in words at length, 
in some indenture or other writing which shall contain the 
covenants, articles, contracts, or agreements, relating to the 
service of such clerk or apprentice; and shall bear date upon the 
day of the signing, sealing, or other execution of the same, 
upon pain that every master or mistress to or with whom, or to 
whose use, any sum of money, or other valuable consideration 
whatsoever, shall be given, paid, secured, or contracted, for or 
in respect of any such clerk or apprentice, which shall not be 
truly and fully so inserted and specified in some such indenture, 
or other writing, shall, for every such offence, forfeit double the 
sum, or double the amount of any other valuable consideration 
so given, paid, agreed, secured, or contracted for; to be sued for 
and recovered at any time, during the term specified in the 
indenture or writing for the service of such clerk or apprentice, 
or within one year after the determination thereof; and that all 
such indentures, or other writings, shall be brought, within the 
space of three months, to the proper officer or officers, ap- 
pointed by the said commissioners for collecting the said duties 
within the respective colony or plantation; and the duty hereby 
charged for the sums, or other valuable consideration inserted 
therein, shall be paid by the master or mistress of such clerk or 
apprentice to the said officer or officers, who shall give receipts 
for such duty on the back of such indentures or other writings; 
and in case the duty shall not be paid within the time before 
limited, such master or mistress shall forfeit double the amount 
of such duty. 

[XXXIV. In case the fee is not inserted, and the duty paid, 
the indenture shall be void.] 

XXXV. And be it further enacted . . . , That if any master or 
mistress of any clerk or apprentice shall neglect to pay the said 
duty, within the time herein before limited, and any such clerk 



300 STAMP ACT [March 22 

or apprentice shall in that case pay, or cause to be paid, to the 
amount of double the said duty, either during the term of such 
clerkship or apprenticeship, or within one year after the deter- 
mination thereof, such master or mistress not having then paid 
the said double duty although required by such clerk or appren- 
tice so to do; then, and in such case, it shall and may be lawful 
to and for such clerk or apprentice, within three months after 
such payment of the said double duty, to demand of such master 
or mistress, or his or her executors or administrators, such sum 
or sums of money, or valuable consideration, as was or were paid 
to such master or mistress, for or in respect of such clerkship or 
apprenticeship; and in case such sum or sums of money, or 
valuable consideration, shall not be paid within three months 
after such demand thereof made, it shall and may be lawful to and 
for any such clerk or apprentice, or any other person or persons 
on his or her behalf, to sue for and recover the same, in such 
manner as any penalty hereby inflicted may be sued for and re- 
covered; and such clerks or apprentices shall, immediately after 
payment of such double duty, be and are hereby discharged from 
their clerkships or apprenticeships, and from all actions, penal- 
ties, forfeitures, and damages, for not serving the time for which 
they were respectively bound, contracted for, or agreed to serve, 
and shall have such and the same benefit and advantage of the 
time they shall respectively have continued with and served such 
master or mistress, as they would have been intitled to in case 
such duty had been paid by such master or mistress, within the 
time herein before limited for that purpose. 

[Sec. XXXVI. prescribes a form of notice to accompany printed 
indentures, in accordance with the requirement of Sec. XXXV.] 

XXXVII. And, for the better securing the said duty on playing 
cards and dice; be it further enacted . . . , That from and after 
. . . [Nov. I, 1765] . . . , no playing cards or dice shall be 
sold, exposed to sale, or used in play, within the said colonies 
. . . , unless the paper and thread inclosing, or which shall have 
inclosed, the same, shall be or shall have been respectively sealed 
and stamped, or marked, and unless one of the cards of each 
pack or parcel of cards, so sold, shall be also marked or stamped 
on the spotted or painted side thereof with such mark or marks 
as shall have been provided in pursuance of this act, upon pain 
that every person who shall sell, or expose to sale, any such cards 



1765] STAMP ACT 301 

or dice which shall not have been so respectively sealed, marked, 
or stamped, as hereby is respectively required, shall forfeit for 
every pack or parcel of cards, and every one of such dice so sold 
or exposed to sale, the sum of ten pounds. 

XXXVIII. And it is hereby enacted . . . , That if any person 
within the said colonies or plantations, or any other part of his 
Majesty's dominions, shall sell or buy any cover or label which 
has before been made use of for denoting the said duty upon 
cards, in order to be made use of for the inclosing any pack or 
parcel of cards; every person so offending shall, for every such 
offence, forfeit twenty pounds. 

XXXIX. Provided always, and be it enacted . . . , That if 
either the buyer or seller of any such cover or label shall inform 
against the other party concerned in buying or selling such cover 
or label, the party so informing shall be admitted to give evi- 
dence against the party informed against, and shall be indemnified 
against the said penalties. 

[XL. Penalty of ;^20 for fraudulently enclosing cards in a 
stamped cover previously used.] 

XLI. And be it further enacted . . . , That from and after 
. . . [Nov. I, 1765] . . . , every clerk, ofificer, and other person 
employed or concerned in granting, making out, or delivering 
licences for retailing spirituous liquors or wine within any of 
the. said colonies . . . , shall, and he is hereby required and 
directed, within two months after delivering any such licences, 
to transmit to the chief distributor of stamped vellum, parch- 
ment, and paper, a true and exact list or account of the number 
of licences so delivered, in which shall be inserted the names 
of the persons licensed, and the places where they respectively 
reside; and if any such clerk, officer, or other person shall 
refuse or neglect to transmit any such list or account to such 
distributor, or shall transmit a false or untrue one, then, and in 
every such case, such clerk, officer, or other person, shall, for 
every such offence, forfeit fifty pounds. 

XLII. And be it further enacted . . . , That licences for sell- 
ing or uttering by retail spirituous liquors or wine within any 
of the said colonies . . . , shall be in force and serve for no 
longer than one year from the date of each licence respectively. 

XLIII. Provided nevertheless, and be it enacted . . . , That 
if any person licenced to sell spirituous liquors or wine, shall 



302 STAMP ACT [March 22 

die or remove from the house' or place wherein such spirituous 
liquors or wine shall, by virtue of such licence, be sold, it shall 
and may be lawful for the executors, administrators, or assigns 
of such person so dying or removing, who shall be possessed of 
such house or place, or for any occupier of such house or place, 
to sell spirituous liquors or wine therein during the residue of 
the term for which such licence shall have been granted, with- 
out any new licence to be had or obtained in that behalf. . . . 

XLIV. And it is hereby enacted • . . , That if any person or 
persons shall sell or utter by retail, that is to say, in any less 
quantity than one gallon at any one time, any kind of wine, or 
any liquor called or reputed wine, or any kind of spirituous liq- 
uors, in the said colonies . . . , without taking out such licence 
yearly and every year, he, she, or they so offending shall, for every 
such offence, forfeit the sum of twenty pounds. 

XLV. And be it further enacted . . . , That every person who 
shall retail spirituous liquors or wine in any prison or house of 
correction, or any workhouse appointed or to be appointed for 
the reception of poor persons within any of the said colonies 
. . . , shall be deemed a retailer of spirituous liquors or wine 
within this act. 

XLVI. Provided always, and be it further enacted . . . , 
That if at any time after . . . [Nov. i, 1765] . . . , there shall 
not be any provision made for licensing the retailers of wine or 
spirituous liquors, within any of the said colonies . . . , then, and 
in every such case, and during such time as no provision shall-be 
made, such licences shall and may be granted for the space of one 
year, and renewed from time to time by the governor or com- 
mander in chief of every such respective colony or plantation. 

XLVII. And it is hereby further enacted . . . , That every 
person who shall at any one time buy of any chief distributor 
within any of the said colonies . . . , vellum, parchment, or 
paper, the duties whereof shall amount to five pounds sterling 
money of Great Britain, or upwards, shall be allowed after the 
rate of four pounds per centum, upon the prompt payment of 
the said duties to such chief distributor. 

XLVIII. And be it further enacted . . . , That all publick 
clerks or officers within the said colonies . . . , who shall from 
time to time have in their custody any publick books, or other 
matters or things hereby charged with a stamp duty, shall, at any 



1765] STAMP ACT 303 

seasonable time or times, permit any officer or officers there- 
unto authorized by the said commissioners for managing the 
stamp duties, to inspect and view all such publick books, mat- 
ters, and things, and to take thereout such notes and memoran- 
dums as shall be necessary for the purpose of ascertaining or 
securing the said duties, without fee or reward; upon pain that 
every such clerk or other officer who shall refuse or neglect so 
to do, upon reasonable request in that behalf made, shall, for 
every such refusal or neglect, forfeit the sum of twenty pounds. 
XLIX. And be it further enacted . . . , That the high treas- 
urer of Great Britain, or the commissioners of his Majesty's 
treasury, or any three or more of such commissioners, for the 
time being, shall once in every year at least, set the prices at 
which all sorts of stamped vellum, parchment, and paper, shall 
be sold by the said commissioners for managing the stamp duties, 
and their officers; and that the said commissioners for the said 
duties shall cause such prices to be marked upon every such skin 
and piece of vellum and parchment, and sheet and piece \_of^ 
paper: and if any officer or distributor to be appointed by virtue 
of this act, shall sell, or cause to be sold, any vellum, parchment, 
or paper, for a greater or higher price or sum, than the price or 
sum so set or affixed thereon; every such officer or distributor 
shall, for every such offence, forfeit the sum of twenty pounds. 

^ [Sections L.-LII. require regular accounts to be submitted by 

officers appointed under the act, and prescribe penalties for 
refusal, and for misappropriation of funds.] 

LIII. And be it further enacted . . . , That the comptroller 
or comptrollers for the time being of the duties hereby imposed, 
shall keep perfect and distinct accounts in books fairly written 
of all the monies arising by the said duties; and if any such 
comptroller or comptrollers shall neglect his or their duty therein, 
then he or they, for every such offence, shall forfeit the sum of 
one hundred pounds. 

LIV. And be it further enacted . . . , That all the moniesVy 
which shall arise by the several rates and duties hereby granted 
(except the necessary charges of raising, collecting, recovering, 
answering, paying, and accounting for the same, and the necessary 
charges from time to time incurred in relation to this act, and 
the execution thereof) shall be paid into the receipt of his Maj — 

^- esty's exchequer, and shall be entered separate and apart from 



304 STAMP ACT [March 22 

all Other monies, and shall be there reserved to be from time to 
time disposed of by parliament, towards further defraying the 
necessary expences of defending, protecting, and securing, the 
said colonies and plantations. 

[LV. Until the said duties shall take effect, the expenses of 
executing the act to be met from the sinking fund.] 

[LVI. Any three or more commissioners impowered to act.] 

LVII. [Forfeitures and penalties incurred after Sept. 29, 1 765, 
for offences against the Sugar Act (4 Geo. III., c. 15,)], and for 
offences committed against any other act or acts of Parliament 
relating to the trade or revenues of the said colonies or planta- 
tions; shall and may be prosecuted, sued for, and recovered, in 
any court of record, or in any court of admiralty, in the respec- 
tive colony or plantation where the offence shall be committed, 
or in any court of vice admiralty appointed or to be appointed, 
and which shall have jurisdiction within such colony, plantation, 
or place, (which courts of admiralty or vice admiralty are hereby 
respectively authorized and required to proceed, hear, and deter- 
mine the same) at the election of the informer or prosecutor. 

LVIII. [Penalties and forfeitures incurred for offences against 
this act to be sued for and recovered as in Sec. LVII.] ; and that 
from and after . . . [Sept. 29, 1765] . . . , in all cases, where 
any suit or prosecution shall be commenced and determined for 
any penalty or forfeiture inflicted by this act, or by the said act 
made in the fourth year of his present Majesty's reign, or by 
any other act of parliament relating to the trade or revenues 
of the said colonies or plantations, in any court of admirality in 
the respective colony or plantation where the offence shall be 
committed, either party, who shall think himself aggrieved by 
such determination, may appeal from such determination to any 
court of vice admiralty appointed or to be appointed, and which 
shall have jurisdiction within such colony, plantation, or place, 
(which court of vice admiralty is hereby authorized and required 
to proceed, hear, and determine such appeal) any law, custom, 
or usage, to the contrary notwithstanding; and the forfeitures 
and penalties hereby inflicted, which shall be incurred in any 
other part of his Majesty's dominions, shall and may be prose- 
cuted, sued for, and recovered, with full costs of suit, in any 
court of record within the kingdom, territory, or place, where 
the offence shall be committed, in such and the same manner as 



1765] STAMP ACT 305 

any debt or damage, to the amount of such forfeiture or penalty, 
can or may be sued for and recovered. 

LIX. And it is hereby further enacted, That all the forfeitures 
and penalties hereby inflicted shall be divided, paid, and applied, 
as follows; (that is to say) one third part of all such forfeitures 
and penalties recovered in the said colonies and plantations, 
shall be paid into the hands of one of the chief distributors of 
stamped vellum, parchment, and paper, residing in the colony 
or plantation wherein the offender shall be convicted, for the 
use of his Majesty, his heirs, and successors; one third part 
of the penalties and forfeitures, so recovered, to the governor 
or commander in chief of such colony or plantation; and the 
other third part thereof, to the person who shall inform or sue 
for the same; and that one moiety of all such penalties and 
forfeitures recovered in any other part of his Majesty's domin- 
ions, shall be to the use of his Majesty, his heirs, and succes- 
sors, and the other moiety thereof, to the person who shall inform 
or sue for the same. 

LX. And be it further enacted . . . , That all the offences 
which are by this act made felony, and shall be committed 
within any part of his Majesty's dominions, shall and may be 
heard, tried, and determined, before any court of law within 
the respective kingdom, territory, colony, or plantation, where 
the offence shall be committed, in such and the same manner 
as all other felonies can or may be heard, tried, and determined, 
in such court. 

[LXL Governors to be sworn to the due execution of this act.] 

LXII. And be it further enacted . . . , That all records, 
Writs, pleadings, and other proceedings in all courts whatsoever, 
and all deeds, instruments, and writings whatsoever, hereby 
charged, shall be ingrossed and written in such manner as they 
have been usually accustomed to be ingrossed and written, or 
are now ingrossed and written within the said colonies and 
plantations. 



306 QUARTERING ACT [April 

No. 58. Quartering Act 

April, 1765 

Further to carry into effect the plans of the ministry in reference to 

'\ America, the annual Mutiny Act of 1765 authorized the dispatch to the 

1 colonies of such troops as might be deemed necessary. As it was anticipated 

that the number so sent would be greater than formerly, the Quartering Act 

was passed to provide for their accommodation. The provisions of the act 

I were reenacted in 1775 (15 Geo. III., c. 15), and made applicable to the 

' naval forces while on shore. 

References. — Texi in Pickering's Statutes at Large, XXVL, 305-318. 
The act is cited as 5 Geo. III., c. 33. 

An act to ainend and render more effectual, in his Majesty s domin- 
ions in America, an act passed in this present session of parlia- 
ment, intituled, An act for punishing mutiny and desertion, and 
for the better payment of the army and their quarters. 

WHEREAS in and by an act made in the present session of 
parliament, intittiled, An act for punishing mutiny and desertion, 
and for the better payment of the army and their quarters ; several 
regulations are made and enacted for the better government of the 
army, and their observing strict discipline, and for providing 
quarters for the army, and carriages on marches and other neces- 
sary occasio7is, and inflicting penalties on offenders against the same 
act, and for many other good purposes therein mentioned ; but the 
same may not be sufficient for the forces that may be employed in 
his Majesty's dominions in America : and whereas, during the con- 
tinuance of the said act, there may be occasion for marching and 
quartering of regiments and companies of his Majesty's forces in 
several parts of his Majesty's dominions in America : and whereas 
the publick houses and barracks, in his Majesty's dominions in 
America, 7nay not be sufficient to supply quarters for such forces : 
and whereas it is expedient and necessary that cai'riages and other 
conveniences, upon the march of troops in his Majesty's dominions 
in America, should be supplied for that puipose : be it enacted . . . , 
That for and during the continuance of this act, and no longer, 
it shall and may be lawful to and for the constables^ tithingmen, 
magistrates, and other civil officers of villages, towns, townships, 
cities, districts, and other places, within his Majesty's dominions 
in America, and in their default or absence, for any one justice 



1765] QUARTERING ACT 307 

of the peace inhabiting in or near any such village, township, 
city, district or place, and for no others; and such constables, 
tythingmen, magistrates, and other civil officers as aforesaid, are 
hereby required to billet and quarter the officers and soldiers, in 
his Majesty's service, in the barracks provided by the colonies; 
and if there shall not be sufficient room in the said barracks for 
the officers and soldiers, then and in such case only, to quarter 
and billet the residue of such officers and soldiers, for whom 
there shall not be room in such barracks, in inns, livery stables, 
ale-houses, victualling-houses, and the houses of sellers of wine 
by retail to be drank in their own houses or places thereunto 
belonging, and all houses of persons selling of rum, brandy, strong 
water, cyder or metheglin, by retail, to be drank in houses; and 
in case there shall not be sufficient room for the officers and sol- 
diers in such barracks, inns, victualling and other publick ale- 
houses, that in such and no other case, and upon no other 
account, it shall and may be lawful for the governor and council 
of each respective province in his Majesty's dominions in A/;ier- 
ica, to authorize and appoint, and they are hereby directed and 
impowered to authorize and appoint, such proper person or per- 
sons as they shall think fit, to take, hire and make fit, and, in 
default of the said governor and council appointing and author- 
izing such person or persons, or in default of such person or per- 
sons so appointed neglecting or refusing to do their duty, in that 
case it shall and may be lawful for any two or more of his 
Majesty's justices of the peace in or near the said villages, towns, 
townships, cities, districts, and other places, and they are hereby 
required to take, hire, and make fit for the reception of his 
Majesty's forces, such and so many uninhabited houses, out- 
houses, barns, or other buildings, as shall be necessary, to quar- 
ter therein the residue of such officers and soldiers for whom 
there should not be room in such barracks and publick houses as 
aforesaid, and to put and quarter the residue of such officers and 
soldiers therein. 

II. And it is hereby declared and enacted. That there shall be 
no more billets at any time ordered, than there are effective 
soldiers present to be quartered therein : and in order that this 
service may be effectually provided for, the commander in chief 
in America, or other officer under whose orders any regiment or 
company shall march, shall, from time to time, give, or cause to 



308 QUARTERING ACT [April 

be given, as early notice as conveniently may be, in writing, 
signed by such commander or officer of their march, specifying 
their numbers and time of marching as near as may be, to the 
respective governors of each province through which they are to 
march; in order that proper persons may be appointed and 
authorized, in pursuance of this act, to take up and hire, if it 
shall be necessary, uninhabited houses, outhouses, barns, or other 
buildings, for the reception of such soldiers as the barracks and 
publick houses shall not be sufficient to contain or receive. 

in. [Military officers taking upon themselves to quarter sol- 
diers contrary to this act, or using any menace to a civil officer 
to deter him from his duty, to be cashiered. Persons aggrieved 
by having soldiers quartered upon them may complain to justices 
of the peace, and be relieved.] 

*********** 

V. Provided nevertheless, and it is hereby enacted. That the 
officers and soldiers so quartered and billeted as aforesaid (except 
such as shall be quartered in the barracks, and hired uninhabited 
houses, or other buildings as aforesaid) shall be received and fur- 
nished with diet, and small beer, cyder, or rum mixed with water, 
by the owners of the inns, livery stables, alehouses, victualling- 
houses, and other houses in which they are allowed to be quar- 
tered and billeted by this act; paying and allowing for the same 
the several rates herein after mentioned to be payable, out of the 
subsistence-money, for diet and small beer, cyder, or rum mixed 
with water. 

VI. Provided always, That in case any innholder, or other 
person, on whom any non-commission officers or private men 
shall be quartered by virtue of this act, in any of his Majesty's 
dominions in Amei'ica (except on a march, or employed in re- 
cruiting, and likewise except the recruits by them raised, for the 
space of seven days at most, for such non-commission officers 
and soldiers who are recruiting, and recruits by them raised) shall 
be desirous to furnish such non-commission officers or soldiers 
with candles, vinegar, and salt, and with small beer or cyder, 
not exceeding five pints, or half a pint of rum mixed with a quart 
of water, for each man per dietn, gratis, and allow to such non- 
commission officers or soldiers the use of fire, and the necessary 
u[n]tensils for dressing and eating their meat, and shall give 
notice of such his desire to the commanding officer, and shall 



1765] QUARTERING ACT 309 

furnish and allow the same accordingly; then, and in such case, 
the non-commission officers and soldiers so quartered shall pro- 
vide their own victuals; and the officer to whom it belongs to 
receive, or that actually does receive, the pay and subsistence of 
such non-commission officers and soldiers, shall pay the several 
sums herein after-mentioned to be payable, out of the subsistence- 
money, for diet and small beer, to the non-commission officers 
and soldiers aforesaid, and not to the innholder or other per- 
son on whom such non-commission officers and soldiers are 
quartered. . . . 

VII. And whereas there are several barracks in several places 
in his Majesty's said dominions in America, or some of them, 
provided by the colonies, for the lodging and covering of soldiers 
in lieu of quarters, for the ease and conveniency as well of the 
inhabitants of and in such colonies, as of the soldiers; it is 
hereby further enacted, That all such officers and soldiers, so put 
and placed in such barracks, or in hired uninhabited houses, out- 
houses, barns, or other buildings, shall, from time to time, be 
furnished and supplied there by the persons to be authorized or 
appointed for that purpose by the governor and council of each 
respective province, or upon neglect or refusal of such governor 
and council in any province, then by two or more justices of the 
peace residing in or near such place, with fire, candles, vinegar, 
and salt, bedding, utensils for dressing their victuals, and small 
beer or cyder, not exceeding five pints, or half a pint of rum 
mixed with a quart of water, to each man, without paying any 
thing for the same. 

VIII. [Persons taking or hiring uninhabited houses, &c., for 
troops, and furnishing supplies as aforesaid, to be reimbursed by 
the province.] 

IX. [Officers taking money to excuse any person from having 
soldiers quartered on him, to be cashiered.] 

XI. And be it further enacted . . . , That if any constable, 
tythingman, magistrate, or other chief officer or person whatso- 
ever, who, by virtue or colour of this act, shall quarter or billet, 
or be employed in quartering or billeting, any officers or soldiers, 
within his Majesty's said dominions in America, shall neglect or 
refuse, for the space of two hours, to quarter or billet such officers 
or soldiers, when thereunto required, in such manner as is by 



3IO QUARTERING ACT [April 

this act directed, provided sufificient notice be given before the 
arrival of such forces; or shall receive, demand, contract, or 
agree for, any sum or sums of money, or any reward whatsoever, 
for or on account of excusing, or in order to excuse, any person 
or persons whatsoever from quartering, or receiving into his, her, 
or their house or houses, any such officer or soldier; or in case 
any victualler, or any other person . . . , liable by this act to 
have any officer or soldier billeted or quartered on him or her, 
shall refuse to receive or victual any such officer or soldier . . . ; 
or in case any person or persons shall refuse to furnish or allow, 
according to the directions of this act, the several things herein 
before directed to be furnished or allowed to officers and soldiers, 
so quartered or billeted on him or her, or in the barracks, and 
hired uninhabited houses, out-houses, barns or other buildings, 
as aforesaid, at the rate herein after mentioned; and shall be 
thereof convicted before one of the magistrates of any one of the 
supreme chief or principal common law courts of the colony 
where such offence shall be committed, either by his own con- 
fession, or by the oath of one or more credible witness or wit- 
nesses (which oath such magistrate of such court is hereby 
impowered to administer) every such constable, tythingman, 
magistrate, or other chief officer or person so offending shall for- 
feit, for every such offence, the sum of five pounds sterling, or 
any sum of money not exceeding five pounds, nor less than forty 
shillings, as the said magistrate (before whom the matter shall 
be heard) shall in his discretion think fit; . . . and shall direct 
the said sum of five pounds, or such other sum as shall be ordered 
to be levied in pursuance of this act as aforesaid, when levied, 
to be paid into the treasury of the province or colony where the 
offence shall be committed, to be applied towards the general 
charges of the said province or colony. 

*********** 

XIV. And, for the better preventing abuses in quartering or 
billeting the soldiers in his Majesty's dominions in America, in 
pursuance of this act, be it further enacted . . . , That it shall 
and may be lawful to and for any one or more justices of the 
peace, or other officer, within their respective villages, towns, 
townships, cities, districts, or other places . . . , by warrant or 
order under his or their hand and seal, or hands and seals, at 
any time or times during the continuance of this act, to require 



1765] QUARTERING ACT 31I 

and command any constable, tithingman, magistrate, or other 
chief officer, who shall quarter or billet any soldiers in pursuance 
of this act, to give an account in writing unto the said justice 
or justices, or other officer requiring the same, of the number 
of officers and soldiers who shall be quartered or billeted by 
them, and also the names of the house-keepers or persons upon 
whom, and the barracks and hired uninhabited houses, or other 
buildings as aforesaid, in which any where every such officer or 
soldier shall be quartered or billeted, together with an account 
of the street or place where every such house-keeper or person 
dwells, and where every such barrack or hired uninhabited house 
or building is or are, and of the signs (if any) which belong to 
their houses; to the end that it may appear to the said justice 
or justices, or other officer, where such officers or soldiers are 
quartered or billeted, and that he or they may thereby be the 
better enabled to prevent or punish all abuses in the quartering 
or billeting them. 

XV. And be it further enacted . . . , That for the better and 
more regular provision of carriages for his Majesty's forces in 
their marches, or for their arms, cloaths, or accoutrements, in 
his Majesty's said dominions in America^ all justices of the 
peace within their several villages, towns, townships, cities, 
districts, and places, being duly required thereunto by an order 
from his Majesty, or the general of his forces, or of the general 
commanding, or the commanding officer there shall, as often as 
such order is brought and shewn unto one or more of them, by 
the quarter-master, adjutant, or other officer of the regiment, 
detachment, or company, so ordered to march, issue out his or 
their warrants to the constables, tythingmen, magistrates, or 
other officers of the villages, towns, townships, cities, districts, 
and other places, from, through, near, or to which such regi- 
ment, detachment, or company, shall be ordered to march, 
requiring them to make such provision for carriages, with able 
men to drive the same, as shall be mentioned in the said war- 
rant: allowing them reasonable time to do the same, that the 
neighbouring parts may not always bear the burthen: and in 
case sufficient carriages cannot be provided within any such 
village ... or other place, then the next justice or justices of 
the peace of the village . . . , or other place, shall, upon such 
order as aforesaid .... issue his or their warrants to the con- 



312 QUARTERING ACT [April 

stables ... or other ofificers, of such next village ... or other 
place, for the purposes aforesaid, to make up such deficiency; 
and such constable ... or other officer, shall order or appoint 
such person or persons, having carriages, within their respective 
villages ... or other places, as they shall think proper, to 
provide and furnish such carriages and men, according to the 
v^arrant aforesaid ; who are hereby required to provide and 
furnish the same accordingly. 

XVI. And be it further enacted, That the pay or hire for a 
New York waggon, carrying twelve hundred pounds gross weight, 
shall be seven pence sterling for each mile; and for every other 
carriage in that and every other colony in his Majesty's said 
dominions in America, in the same proportion; and at or after 
the same rate or price for what weight every such other carriage 
shall carry; and that the first day's pay or hire for every such car- 
riage, shall be paid down by such officer to such constable . . . 
or other civil officer, who shall get or procure such carriages, for 
the use of the owner or owners thereof ; and the pay or hire for 
every such carriage after the first day, shall be paid every day, 
from day to day, by such officer as aforesaid, into the hands of 
the driver or drivers of such carriages respectively, until such 
carriages shall be discharged from such service, for the use of 
the owner and owners thereof. 

* * * * * * * * *,* * 

XVIIL Provided also. That no such waggon, cart, or carriage, 
shall be obliged to travel more than one day's march, if, within 
that time, they shall arrive at any other place where other car- 
riages may be procured; but, in case other sufficient carriages 
cannot be procured, then such carriages shall be obliged to con- 
tinue in the service till they shall arrive at such village ... or 
other place, where proper and sufficient carriages, for the service 
of the forces, may be procured. 

XIX. [Constables and others neglecting to provide carriages 
as aforesaid, to forfeit not less than twenty nor more than forty 
shillings for each offence.] 

XX. [The colony to repay the extra expense of carriages, if 
the before-mentioned allowance be insufficient.] 

XXI. [Carriages necessarily taken beyond the settlements, to 
be appraised, and if lost or destroyed, to be paid for according 
to the appraisal.] 



1765] STAMP ACT CONGRESS 313 

XXVII. And be it further enacted . . . , That where any 
troops or parties upon command have occasion in their march, 
in any of his Majesty's dominions in America, to pass regular 
ferries, it shall and may be lawful for the commanding ofificer 
either to pass over with his party as passengers, or to hire the 
ferry-boat entire to himself and his party, debarring others for 
that time in his option; and in case he shall chuse to take passage 
for himself and party as passengers he shall only pay for himself 
and for each person, officer or soldier, under his command, half 
of the ordinary rate payable by single persons at any such ferry; 
and in case he shall hire the ferry-boat for himself and party, he 
shall pay half of the ordinary rate for such boat or boats; and 
in such places where there are no regular ferries, but that all 
passengers hire boats at the rate they can agree for, officers with 
or without parties are to agree for boats at the rates that other 
persons do in the like cases. 



No. 59. Resolutions of the Stamp Act 
Congress 

October 19, 1765 

In a circular letter of June 8, 1765, the Massachusetts House of Represen- 
tatives proposed to the other colonies the appointment of committees to meet 
at New York, in October, " to consult together on the present circumstances 
of the colonies, and the difficulties to which they are and must be reduced by 
the operation of the acts of parliament, for levying duties and taxes on the 
colonies ; and to consider of a general and united, dutiful, loyal and humble 
representation of their condition to his majesty and to the parliament, and to 
implore relief." The congress met October 7, delegates, variously appointed, 
being present from Massachusetts, Rhode Island, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. Timothy 
Ruggles of Massachusetts was chosen chairman. On the 19th a "declaration 
of the rights and grievances of the colonists in America," originally drafted 
by John Dickinson, a delegate from Pennsylvania, was agreed to; on the 22d 
a petition to the King, also drawn by Dickinson, and a memorial and petition 
to the House of Lords, were approved, followed on the 23d by a petition to 
the Commons. After voting to recommend to the several colonies the ap- 
pointment of special agents " for soliciting relief from their present griev- 
ances " in England, the congress adjourned. Ruggles did not assent to the 
declaration of the congress, and was later censured for his refusal by the 



3 14 STAMP ACT CONGRESS [October 19 

Massachusetts House of Representatives. The petition to the Commons was 
presented in that body January 27, 1766, and, after some debate, was passed 
over without action. 

References. — Text in Almon's Prior Documents, 27, 28. The journal 
of the congress was printed in Niles's Weekly Register, II., 337-342, 353- 
355, and reprinted in Niles's Principles and Acts of the Revolution. Dick- 
inson's draft is in his Writings (Ford's ed., 1895), I., 183-187. The'best 
account of the congress is that of Frothingham, Rise of the Republic, chap. 5 ; 
see also two letters to Thomas McKean, in John Adams's Works, X., 60-63. 

The members of this Congress, sincerely devoted, with the 
warmest sentiments of affection and duty to his Majesty's person 
and government, inviolably attached to the present happy estab- 
lishment of the Protestant succession, and with minds deeply 
impressed by a sense of the present and impending misfortunes 
of the British colonies on this continent; having considered as 
maturely as time will permit, the circumstances of the said colo- 
nies, esteem it our indispensible duty to make the following 
declarations of our humble opinion, respecting the most essential 
rights and liberties of the colonists, and of the grievances under 
which they labour, by reason of several late acts of parliament. 

I. That his Majesty's subjects in these colonies, owe the same 
allegiance to the crown of Great Britain, that is owing from his 
subjects born within the realm, and all due subordination to that 
august body the parliament of Great-Britain. 

II. That his Majesty's liege subjects in these colonies, are 
intitled to all the inherent rights and liberties of his natural born 
subjects, within the kingdom of Great-Britain. 

' III. That it is inseparably essential to the freedom of a people, 
and the undoubted right of Englishmen, that no Taxes be imposed 
on them but with their own consent, given personally, or by their 

, representatives. 

IV. That the people of these colonies are not, and, from their 
local circumstances, cannot be, represented in the House of 
Commons in Great-Britain. 

V. That the only representatives of the people of these colo- 
nies are persons chosen therein by themselves, and that no taxes 
ever have been, or can be constitutionally imposed on them, but 
by their respective legislatures. 

VI. That all supplies to the crown being free gifts of the 
people, it is unreasonable and inconsistent with the principles 



1765] STAMP ACT CONGRESS 315 

and spirit of the British constitution, for the people of Great- 
Britain to grant to his Majesty the property of the colonists, 

VII. That trial by jury, is the inherent and invaluable right 
of every British subject in these colonies. 

VIII. That the late act of parliament, entitled, An aci for 
granting and applying certain stamp duties, and other duties, in the 
British colonies and plantations in America, cr^c. by imposing 
taxes on the inhabitants of these colonies, and the said act, and 
several other acts, by extending the jurisdiction of the courts of 
admiralty beyond its ancient limits, have a manifest tendency 
to subvert the rights and liberties of the colonists. 

IX. That the duties imposed by several late acts of parlia- 
ment, from the peculiar circumstances of these colonies, will 
be extremely burthensome and grievous; and from the scarcity 
of specie, the payment of them absolutely impracticable. 

X. That as the profits of the trade of these colonies ultimately 
center in Great-Britain, to pay for the manufactures which they 
are obliged to take from thence, they eventually contribute very 
largely to all supplies granted there to the crown. 

XI. That the restrictions imposed by several late acts of par- 
liament on the trade of these colonies, will render them unable 
to purchase the manufactures of Great-Britain. 

XII. That the increase, prosperity and happiness of these 
colonies, depend on the full and free enjoyments of their rights 
and liberties, and an intercourse with Great-Britain mutually 
affectionate and advantageous. 

XIII. That it is the right of the British subjects in these colo- 
nies to petition the king, or either house of parliament. 

Lastly, That it is the indispensible duty of these colonies, to 
the best of sovereigns, to the mother country, and to themselves, 
to endeavour by a loyal and dutiful address to his Majesty, and 
humble applications to both houses of parliament, to procure the 
repeal of the act for granting and applying certain stamp duties, 
of all clauses of any other acts of parliament, whereby the juris- 
diction of the admiralty is extended as aforesaid, and of the other 
late acts for the restriction of American commerce. 



X 



3l6 DECLARATORY ACT [March 1 8 

No. 60. Declaratory Act 

March 18, 1766 

The first legislative protest against the Stamp Act came from Virginia. 
May 30, 1765, the House of Burgesses adopted four resolutions, submitted by 
Patrick Henry, declaring that " The General Assembly of this colony, together 
with his Majesty or his substitutes, have, in their representative capacity, the 
only exclusive right and power to lay taxes and imposts upon the inhabitants 
of this colony; and that every attempt to vest such power in any other person 
or persons whatever than the General Assembly aforesaid, is illegal, uncon- 
stitutional, and unjust, and have \_Aas'] a manifest tendency to destroy British 
as well as American liberty." On the 8th of June, Massachusetts issued the 
call for the Stamp Act congress. The Rockingham ministry, which succeeded 
that of Grenville in July, was favorable to America; and Conway, the minister 
in charge of colonial affairs, was opposed to the policy of taxing the colonies 
without their consent. By November i, the date on which the Stamp Act 
was to go into effect, the resolutions of assemblies and public meetings, and 
the intimidation and violence of the " Sons of Liberty " and others, had made 
the execution of the act impossible, even if stamps could have been had. A 
circular letter from Conway to the governors, dated October 24, urging them 
to do their utmost to maintain law and order, and authorizing them to call 
upon the military and naval commanders for assistance, if necessary, was 
unavailing. At the opening of Parliament, December 17, papers relating to 
affairs in America were submitted. Numerous petitions were also presented 
setting forth the losses which the Stamp Act had inflicted upon British trade. A 
resolution declaratory of the right of Parliament to tax the colonies, submitted 
February 3, was adopted by large majorities. On the 6th the Lords, by a vote 
of 59 to 54, resolved in favor of executing the Stamp Act; but a similar propo- 
sition in the Commons was rejected by a vote of more than two to one. On 
the 1 2th the King announced himself favorable to modification of the act; 
while the examination of Franklin before the House of Commons further 
strengthened the argument for repeal. The repeal bill and the declaratory 
bill passed the Commons March 4, and on the 7th the declaratory bill passed 
the Lords. The proposition to repeal the Stamp Act, however, encountered 
strong opposition in the Lords, where 33 members entered a protest against 
it at the second reading, and 28 at the third; but on the 17th the bill passed, 
and the next day both acts received the royal assent. 

References. — Texiin Pickering's Statutes at Large, XXVIL, 19, 20. The 
act is cited as 6 Geo. III., c. 12. The act of repeal is 6 Geo. III., c. 11. For 
the debates, see the Parliamentary History, XVI., and the Annual Register 
(1766). Franklin's examination is in his Works (Sparks's ed.), IV., 161-198. 

An act for the better securing the dependency of his Majesty's domin- 
ions in America upon the crown and parliament of QiX&diX Britain. 

WHEREAS several of the houses of representatives in his Maj- 
esty s colonies and plantations in America, have of late, against law, 



1767] ACT SUSPENDING THE NEW YORK ASSEMBLY 317 

claiffied to themselves, or to the general assemblies of the same, the 
sole and exclusive light of imposing duties and taxes upon his 
Majesty's subjects in the said colonies and plantations ; atid have, 
in pmsuance of such claim, passed certain votes, resolutions, and 
orders, derogatory to the legislative authority of parliament, and 
inconsistent with the dependency of the said colonies and pla7itations 
t/pon the crown of Great Britain : ... be it declared . . . , That 
the said colonies and plantations in America have been, are, and 
of right ought to be, subordinate unto, and dependent upon the 
imperial crown and parliament of Great Britain ; and that the 
King's majesty, by and with the advice and consent of the lords 
spiritual and temporal, and commons of Great Britain, in parlia- 
ment assembled, had, .hath, and of right ought to have, full power 
and authority to make laws and statutes of sufficient force and 
validity to bind the colonies and people of America, subjects of 
the crown of Great Britain, in all cases whatsoever. 

II. And be it further declared . . . , That all resolutions, votes, 
orders, and proceedings, in any of the said colonies or plantations, 
whereby the power and authority of the parliament of Great 
Britain, to make laws and statutes as aforesaid, is denied, or 
drawn into question, are, and are hereby declared to be, utterly 
null and void to all intents and purposes whatsoever. 



No. 61. Act suspending the New York 
Assembly 

June 15, 1767 

In a message to the New York House of Assembly, June 13, 1766, Governor 
Moore informed the House of the expected arrival of troops in the city, and 
recommended that provision be made for them in accordance with the late 
Quartering Act [No. 58]. On the 19th the House adopted five resolutions, 
reported by Philip Livingston, excusing themselves from compliance with the 
request, on the ground that the requisition was " of such a nature and ten- 
dency that, should it be granted, the expence might, and probably would, 
very soon exceed the ability of this colony to pay, as the number of troops 
that may from time to time require the like provision, are . . . entirely 
unknown, and the articles required for the greatest part . . . unprecedented; " 
but the House intimated, at the same time, that a balance of ;^3990, in the 
treasury of the province, subject to the order of the commander-in-chief of the 
forces in America, might be used for the purpose in question. On an inquiry 



3l8 ACT SUSPENDING THE NEW YORK ASSEMBLY [June 15 

from the governor as to the precise use to which the money referred to was 
to be put, the assembly again, June 23, pleaded the small resources of the 
colony, but recommended that provision be made " for furnishing the barracks 
in the cities of New York and Albany, with beds, bedding, fire-wood, candles, 
and utensils for dressing of victuals for two battalions, not exceeding five hun- 
dred men each, and one company of artillery for one year " ; and that the 
money beforementioned be drawn upon for the purpose. A bill to this effect 
was accordingly brought m and passed, and July 3 received the assent of the 
governor. A report of the action of the assembly having been made to the 
Board of Trade, the Earl of Shelburne, in a letter of August 6, to Governor 
Moore, expressed the hope that the requirements of the Quartering Act would 
be fully complied with. To this letter, communicated to the assembly in 
November, the House replied that New York had already assumed a heavier 
financial burden in the matter of supporting troops than any other colony, and 
that, since the act appeared to them designed for the needs of soldiers on the 
march, and not of such as might be stationed in the province for a whole year, 
they could not " put it in the power of any person " to lay upon them such a 
" ruinous and unsupportable " expense. December 19 the assembly was 
prorogued until the following March. May 15, 1767, the committee of the 
House of Commons, to whom the matter had been referred, recommended the 
suspension of the assembly until the terms of the Quartering Act were com- 
plied with ; and June 15 a bill embodying the recommendations received the 
royal assent. The assembly continuing obstinate, it was dissolved. The 
newly elected House also refused compliance, and was likewise dissolved. A 
third, in 1769, made the required provision. 

References. — Text in Pickering's Statutes at Large, XXVII., 609, 610. 
The act is cited as 7 Geo. III., c. 59. Extracts from the proceedings of the 
New York legislature are in Almon's Prior Docuinents. 

An act for restraining and prohibiting the governor, council, and 
house of representatives, of the province of New York, until 
provision shall have been made for furnishing the King^s troops 
with all the necessaries required by law, from passing or assenting 
to any act of assembly, vote, or resolution, for any other purpose. 

WHEREAS an act of parliament was made in the fifth year of 
his present Majesty's reign, intituled. An act to amend and render 
more effectual, in his Majesty's dominions in America, an act 
passed in this present session of parliament, intituled, An act for 
punishing mutiny and desertion, and for the better payment of the 
army and their quarters ; wherein several directions were given, 
and rules and regulations established and appointed, for the supply- 
ing his Majesty's troops, in the British dominions in America, with 
such necessaries as are in the said act mentioned duiing the con- 
tinuance thereof, from the twenty fourth day of March, one thou- 



1767] ACT SUSPENDING THE NEW YORK ASSEMBLY 319 

sand seven hundred and sixty five, until the tivcnty fourth day of 
March, one thousand seven hundred and sixty seven: and whereas 
the house of representatives of his Majesty' s province of New York 
in America have, in direct disobedience of the authority of the 
British legislature, refused to make provision for supplying the 
necessaries and iti the manner required by the said act ; and an 
act of assembly hath been passed, within the said province, for 
furnishing the barracks in^the cities of New York and Albany 
with firewood and candles, and the other necessa7'ies therein men- 
tioned, for his Majesty's forces, inconsistent with the provisions^ 
and in opposition to the directions, of the said act of parliament : 
and whereas by an act made in the last session, intituled, An act 
to amend and render more effectual, in his Majesty's dominions 
in America, an act passed in this present session of parliament, 
intituled. An act for punishing mutiny and desertion, and for the 
better payment of the army and their quarters, the like directions, 
rules, aud regulations, were given and established, for supplying 
with necessaries his Majesty's troops within the said dominions 
during the continuance of such act, from the twenty fourth day 
of March, one thousand seven hundred and sixty six, until the 
twenty fourth day of March, one thousand seven hundred and 
sixty eight; which act tvas, by an act made in this present session 
of parliament, intituled. An act for further continuing an act of 
the last session of parliament, intituled, An act to amend and 
render more effectual, in his Majesty's dotninions in America, an 
act passed in this present session of parliament, intituled, An act 
for punishing mutiny and desertion, and for the better payment 
of the army and their quarters, further continued until the twenty 
fourth day of Maich, one thousand seven hundred and sixty nine : 
In order therefore to enforce, within the said province of New 
York, the supplying of his Majesty's troops with the necessaries 
and in the manner required by the said acts of parliament ; . . . 
be it enacted . . . , That from and after the first day of October, 
one thousand seven hundred and sixty seven, until provision shall 
have been made by the said assembly of New York for furnishing 
his Majesty's troops within the said province with all such neces- 
saries as are required by the said acts of parliament, or any of 
them, to be furnished for such troops, it shall not be lawful for 
the governor, lieutenant governor, or person presiding or acting 
as governor or commander in chief, or for the council for the 



320 TOWNSHEND ACTS [June 15 

time being, within the colony, plantation, or province, of New 
York in America, to pass, or give his or their assent to, or con- 
currence in, the making or passing of any act of assembly ; or his 
or their assent to any order, resolution, or vote, in concurrence 
with the house of representatives for the time being within the 
said colony, plantation, or province ; or for the said house of rep- 
resentatives to pass or make any bill, order, resolution, or vote, 
(orders, resolutions, or votes, for adjourning such house only, 
excepted) of any kind, for any other purpose whatsoever; and 
that all acts of assembly, orders, resolutions, and votes whatsoever, 
which shall or may be passed, assented to, or made, contrary to 
the tenor and meaning of this act, after the said first day of 
October, one thousand seven hundred and sixty seven, within the 
said colony, plantation, or province, before and until provision 
shall have been made for supplying his Majesty's troops with 
necessaries as aforesaid, shall be, and are hereby declared to be, 
null and void, and of no force or effect whatsoever. 

II. Provided nevertheless, and it is hereby declared to be the 
true intent and meaning of this act. That nothing herein before 
contained shall extend, or be construed to extend, to hinder, 
prevent, or invalidate, the choice, election, or approbation, of a 
speaker of the house of representatives for the time being within 
the said colony, plantation, or province. 



Townshend Acts 

In August, 1776, Pitt, now Earl of Chatham, succeeded Rockingham as 
prime minister; but illness soon incapacitated him for active participation in 
affairs, and the leadership fell to Townshend, chancellor of the exchequer. 
The irritation over the repeal of the Stamp Act was increased by the reports 
of continued agitation in America ; while the reduction of the land tax from 
4f. to 3^. in the pound, brought about by factious opposition to the ministry, 
necessitated revenue from some other source. " On January 26, 1 767, in a 
debate on the army, George Grenville moved that America, like Ireland, should 
support an establishment of her own; and in the course of the discussion 
which followed, Townshend took occcasion to declare himself a firm advocate 
of the principle of the Stamp Act." The plans for carrying his policy into 
effect were brought forward by Townshend in May, and embraced three 
points : the enforcement of existing laws, the appointment of customs commii- 
sioners, and provision for adequate revenue. The new policy was embodied 
in the three acts following. On the 4th of September Townshend died, and 



1767] ACT ESTABLISHING CUSTOMS COMMISSIONERS 32 1 

the execution of the acts, the most important of which had not yet gone into 
operation, was left to his successors. 

References. — For the debates and proceedings on the Townshend acts, 
see the Parliamentary History, XVI. Summaries of the debates, reflecting as 
usual public opinion in England, are in the Atuiual Register (xibi). Dis- 
cussions of the acts in the general histories, except Bancroft, are brief. Of 
contemporary discussions in America, Dickinson's Letters from a Farmer 
( Writings, Ford's ed., I., 305-406) are th^ most important. 



No. 62. Act establishing Customs 
Commissioners 

June 29, 1767 

In 1763 Grenville had endeavored to secure a stricter" enforcement of the 
acts of trade by requiring the principal customs officers for America, many 
of whom had, by permission of the treasury, continued to reside in England, 
to proceed to their posts; and the Sugar Act of 1764 had aimed to improve 
and strengthen the administrative machinery. The special reasons for the 
act of 1767, providing for the appointment of customs commissioners, are 
sufficiently set forth in the preamble of the act itself. 

References. — Text in Pickering's Statutes at Large, XXVII., 447-449, 
The act is cited as 7 Geo. HI., c. 41. 

An Act to enable his Majesty to put the customs, and other duties, 
in the British dominions in America, and the execution of the 
laws relating to trade there, under the management of commis- 
sioners to be appointed for that purpose, and to be resident in the 
said dominions. 

WHEREAS in pursuajice of an act of parliament made in the 
twenty fifth year of the reign of King Charles the Second, intituled, 
An act for the encouragement of the Greenland antl Eastland 
trades, and for the better securing the plantation trade, the rates 
and duties imposed by that, and several subsequent acts of parlia- 
ment, upon various goods imported into, or exported from, the 
British colonies and plantations in America, have been put under 
the management of the commissioners of the customs in Englandy^r 
the time being, by and under the authority and directions of the 
high treasurer, or commissioners of the treasury for the time beitig: 
and whereas the officers appointed for the collection of the said 
rates and duties in America, are obliged to apply to the said com- 
missioners of the customs in England, for their special instructiom 
V 



322 REVENUE ACT [June 29 

and directions, upon every particular doubt and difficulty which 
arises in relation to the payment of the said rates and duties ; 
whereby all persons concerned in the commerce and trade of the 
said colonies and plantatio7is, are greatly obstructed and delayed in 
the carrying on and tra?isacting of their business : and whereas 
the appointing of commissioners to be resident in some convetiient 
part of his Majesty's dominions in America, and to be invested 
7vith such powers as are now exetxised by the commissioners of the 
customs in England by virtue of the laws in being, would I'elieve 
the said merchants and traders from the said inconveniences, tend 
to the encouragement of coinmerce, and to the better securing of the 
said rates and duties, by the more speedy and effectual collection 
thereof : be it therefore enacted . • . , That the customs and other 
duties imposed, by any act or acts of parUament, upon any goods 
or merchandizes brought or imported into, or exported or carried 
from, any British colony or plantation in America, may, from 
time to time, be put under the management and direction of such 
commissioners, to reside in the said plantations, as his Majesty . . . , 
by his . . . commission . . . under the great seal of Great Britain, 
shall judge to be most for the advantage of trade, and security of 
the revenue of the said British colonies ; any law, custom, or 
usage to the contrary notwithstanding. 

II. And it is hereby further enacted . . . , That the said com- 
missioners so to be appointed, or any three or more of them, 
shall have the same powers and authorities for carrying into exe- 
cution the several laws relating to the revenues and trade of the 
said British colonies in Ajnerica, as were, before the passing of 
this act, exercised by the commissioners of the customs in E7ig- 
land, by virtue of any act or acts of parliament now in force : 
and it shall and may be lawful to and for his majesty . . . , in 
such Commission . . . , to make provision for putting in execu- 
tion the several laws relating to the customs and trade of the said 
British colonies; ... 



No. 63. Revenue Act 

June 29, 1767 

The strong opposition in the colonies to the Sugar Act had led, in 1766,10 
the repeal of the duties imposed by the act, except the duty on tea (6 Geo. III., 



1767] REVENUE ACT 323 

c. 52). In framing the act of 1767, Townshend professed to observe the 
distinction urged in America between external and internal taxation, and to 
provide a revenue by means of import duties only. The proceeds of the duties, 
estimated at about ;(f40,ooo, were to be applied toward the civil and military 
expenses of the colonies. Further to insure the observance of the act, writs 
of assistance were legalized. The duties imposed by the act, with the excep- 
tion of the duty on tea, were repealed by an act of April 12, 1770. 

References. — Text in Pickering's Statutes at Large, XXVII., 505-512. 
The act is cited as 7 Geo. III., c. 46. The act of repeal is 10 Geo. III., c. 17. 

An act for granting certain duties in the British colonies and plan- 
tations in America ; for allowing a drawback of the duties of 
customs upon the exportation, from this kingdom, of coffee and 
cocoa nuts of the produce of the said colonies or plantations ; for 
discontinuing the drawbacks payable on china earthen ware 
exported to America ; and for more effectually preventi?ig the 
clandestine runnifig of goods in the said colonies and plantations. 

WHEREAS it is expedient that a revenue should be raised, in 
your Majesty's dominions in America, for making a more certain 
and adequate provision for defraying the charge of the administra- 
tion of justice, and the stipport of civil governme?it, in such prov- 
inces where it shall be found necessary ; and towards further 
defraying the expences of defending, protecting, and securing the 
said dominio7is ; ... be it enacted . . . , That from and after 
the twentieth day of November, one thousand seven hundred and 
sixty seven, there shall be raised, levied, collected, and paid, unto 
his Majesty, his heirs, and successors, for and upon the respective 
Goods herein alter mentioned, which shall be imported from Great 
Britain into any colony or plantation in America which now is, or 
hereafter may be, under the dominion of his Majesty, his heirs, or 
successors, the several Rates and Duties following ; that is to say, 

For every hundred weight avoirdupois of crown, plate, flint, 
and white glass, four shillings and eight pence. 

For every hundred weight avoirdupois of green glass, one 
shilling and two pence. 

For every hundred weight avoirdupois of red lead, two shil- 
lings. 

For every hundred weight avoirdupois of white lead, two shil- 
lings. 

For every hundred weight avoirdupois of painters colours, two 
shillings. 



324 REVENUE ACT [June 29 

For every pound weight avoirdupois of tea, three pence. 

For every ream of paper, usually called or known by the name 
of Atlas fine, twelve shillings. 

[Then follow specifications of duties on sixty-six grades or 
classes of paper.] 

*********** 

IV. . . . and that all the monies that shall arise by the said 
duties (except the necessary charges of raising, collecting, levy- 
ing, recovering, answering, paying, and accounting for the same) 
shall be applied, in the first place, in such manner as is herein 
after mentioned, in making a more certain and adequate pro- 
vision for the charge of the administration of justice, and the 
support of civil government, in such of the said colonies and 
plantations where it shall be found necessary; and that the residue 
of such duties shall be paid into the receipt of his Majesty's 
exchequer, and shall be entered separate and apart from all other 
monies paid or payable to his Majesty . . . ; and shall be there 
reserved, to be from time to time disposed of by parliament 
towards defraying the necessary expences of defending, pro- 
tecting, and securing, the British colonies and plantations in 
America. 

V. And be it further enacted . . . , That his Majesty and his 
successors shall be, and are hereby, impowered, from time to 
time, by any warrant or warrants under his or their royal sign 
manual or sign manuals, countersigned by the high treasurer, or 
any three or more of the commissioners of the treasury for the 
time being, to cause such monies to be applied, out of the pro- 
duce of the duties granted by this act, as his Majesty, or his suc- 
cessors, shall think proper or necessary, for defraying the charges 
of the administration of justice, and the support of the civil 
government, within all or any of the said colonies or plantations. 

VI. And whereas the allowing a drawback of all the duties of 
customs upon the exportatio7i, from this kingdom, of coffee and cocoa 
nuts, the growth of the British dominions in America, may be a 
means of encouraging the growth of coffee and cocoa in the said 
dominions ; be it therefore enacted . . . , That from and after 
. . . [Nov. 20, 1767] . . . , upon the exportation of any coffee or 
cocoa nuts, of the growth or produce of any British colony or 
plantation in America, from this kingdom as merchandize, the 
whole duties of customs, payable upon the importation of such 



1767] REVENUE ACT 325 

coffee or cocoa nuts, shall be drawn back and repaid; in such 
manner, and under such rules, regulations, penalties, and for- 
feitures, as any drawback or allowance, payable out of the duties 
of customs upon the exportation of such coffee or cocoa nuts, 
was, could, or might be paid, before the passing of this act. , . . 

VII. And it is hereby further enacted . . . , That no drawback 
shall be allowed for any china earthen ware sold, after the pass- 
ing of this act, at the sale of the united company of merchants 
of England trading to the East Indies, which shall be entered for 
exportation from Great Britain to any part of America. . . . 

VIII. And it is hereby further enacted . . . , That if any china 
earthen ware sold, after the passing of this act, at the sale of the 
said united company, shall be entered for exportation to any part 
of America as china earthen ware that had been sold at the sale 
of the said company before that time; or, if any china earthen 
ware shall be entered for exportation to any parts beyond the 
seas, other than to some part of America, in order to obtain any 
drawback thereon, and the said china earthen ware shall never- 
theless be carried to any part of America, and landed there, con- 
trary to the true intent and meaning of this act; that then, in 
each and every such case, the drawback shall be forfeited; and 
the merchant or other person making such entry, and the master 
or person taking the charge of the ship or vessel on board which 
the said goods shall be loaden for exportation, shall forfeit double 
the amount of the drawback paid, or to be paid, for the same, 
and also treble the value of the said goods; one moiety to and 
for the use of his Majesty, his heirs, and successors; and the 
other moiety to such oflficer of the customs as shall sue for the 
same; to. be prosecuted, sued for, and recovered, in such manner 
and form, and by the same rules and regulations, as other penal- 
ties inflicted for offences against the laws relating to the customs 
may be prosecuted, sued for, and recovered, by any act or acts 
of Parliament now in force. 

[Sec. IX. provides for the entry and report of vessels in the 
colonial trade.] 

X. And whereas by an act of parliament made in the fourteenth 
year of the reign of Kifig Charles the Second, intituled. An act for 
preventing frauds, and regulating abuses, in his Majesty's customs, 
a?id several other acts now in force, it is lawful for any officer of 
his Majesty's customs, authorized by writ of assistance under the 



326 REVENUE ACT [Jme 29 

seal of his Majesty's court of- exchequer, to take a constable, head- 
borough, or other pub lick officer inhabiting near unto the place, and 
in the day-time to enter and go into any house, shop, cellar, ware- 
house, or room or other place, and, in case of resistance, to break 
open doors, chests, trunks, and other package there, to seize, and 
from thence to bring, any kind of goods or merchandize whatsoever 
prohibited or uncustomed, atid to put and secure the same in his 
Majesty's store-house next to the place where such seizure shall be 
made : and whereas by an act jfiade in the seventh atid eighth years 
of the reign of King William the Third, intituled. An act for pre- 
venting frauds, and regulating abuses, in the plantation trade, // is, 
amongst other things, enacted, that the officers for collecting and 
managing his Majesty's revenue, and inspecting the plantation 
trade, in America, shall have the same powers and authorities to 
enter houses or warehouses, to search for and seize goods prohibited 
to be imported or exported into or out of any of the said planta- 
tions, or for which any duties are payable, or ought to have been 
paid ; and that the like assistance shall be given to the said officers 
in the execution of their office, as, by the said recited act of the four- 
teenth year of King Charles the Second, is provided for the officers 
in England : but, no authority being expressly given by the said act, 
made in the seventh and eighth years of the reig7i of King William 
the Third, to any particular court to grant such writs of assistance 
for the officers of the customs in the said plantations, it is doubled 
whether such officers can legally enter houses and other places on 
land, to search for and seize goods, in the manner directed by the 
said recited acts : To obviate which doubts for the future, and in 
order to carry the intention of the said recited acts into effectual 
execution, be it enacted . . . , That from and after the said 

t twentieth day of November, one thousand seven hundred and 
sixty seven, such writs of assistance, to authorize and impower 
the officers of his Majesty's customs to enter and go into any 
house, warehouse, shop, cellar, or other place, in the British 
colonies or plantations in America, to search for and seize pro- 
hibited or uncustomed goods, in the manner directed by the said 
recited acts, shall and may be granted by the said superior or 
supreme court of justice having jurisdiction within such colony 

, or plantation respectively. 



1767] TEA ACT 32; 

No. 64. Tea Act 

July 2, 1767 

The object of the Tea Act is sufficiently set forth in the first section of the 
act itself. This act should not be confounded with the act of 1770 (10 Geo. 
III., c. 17), repeahng the duties imposed by the Townshend Revenue Act 
[No. 63], except the duty on tea. 

Refeuences. — Text in Pickering's Statutes at Zar^^ , XXVII., 600-605. 
The act is cited as 7 Geo. III., c. 56. 

A71 act for taking off the inland duty of one shilling per poujid 
weight upon all black aiid singlo teas consumed in Great Britain ; 
ajid for granting a drawback upon the exportation of teas to 
Ireland, and the British dominions in America, for a limited 
ti))ie, upon such indemnification to be made in respect thereof by 
the East India company, as is therein mentioned ; for permitting 
the exportation of teas in smaller quantities thaii one lot to 
Ireland, or the said dominions in America; and for preventing 
teas seized and condemned from being consumed in Great Britain. 

WHEREAS by an act of pai-liament made in the eighteenth year 
of the reign of his late Majesty King George the Second, intituled. 
An act for repealing the present inland duty of four shillings per 
pound weight upon all tea sold in Great Britain, and for grant- 
^ing to his Majesty certain other inland duties in lieu thereof; and 
for better securing the duty upon tea, and other duties of excise ; 
and for pursuing offenders out of one county into another ; an 
inland duty of one shilling per pound weight avoirdupois, and ifi 
that proportion for a greater or lesser quantity, was imposed and 
charged upon all tea to be sold in Great Britain ; and also a further 
duty of twenty five pounds for every one hundred pounds of the 
gross p7'ice at which such teas should be sold at the ptiblick sales 
of the united company of merchants of England trading to the East 
Indies, and proportionably for a greater or lesser sum ; which 
duties were to commence from the twenty fourth day of June, one 
thousand seven hundred and forty five, over and above all customs, 
subsidies, and duties, payable to his Majesty for the same, upon 
iinportation thereof ; to be paid in manner as in the said act is 
directed : and whereas by an act of parliament made in the twenty 
first year of his said late Majesty^ s reign, tea was allowed to be 



328 TEA ACT tJuly2. 

exported from this kingdom to Ireland, and his Majesty's planta- 
tions in America, without payment of the said inland duties : and 
whereas the taking off the said inland duty of one shilling per pound 
weight upon black and singlo teas, granted by the said act, and the 
allowing, upon the exportation of all teas which shall be exported 
to Ireland and his Majesty s plantations in America, the whole of 
the duty paid upon the importation thereof into this kingdom, 
appear to be the most probable and expedient means of extending 
the consumptioji of teas legally imported within this kingdom, and 
of increasing the exportation of teas to Ireland, and to his Majesty'' s 
plantations in America, which are now chiefly furnished by for- 
eigners in a course of illicit trade : and whereas the united com- 
pany of merchants of England trading to the East Indies are 
willing and desirous to indemnify the public, in stich manner as 
is herein after provided, with respect to any diminution of the reve- 
nue which shall or may happen from this experiment: ... be it 
enacted . . . , That for and during the space of five years, to be 
computed from the fifth day oi July, one thousand seven hundred 
and sixty seven, the said inland duty of one shilling per pound 
weight upon teas, shall not be paid for or in respect of any bohea, 
Congo, souchong, or pekoe teas, commonly called Black Teas, or 
any teas known by the denomination of singlo teas, which shall be 
cleared for consumption within Great Britain, out of the ware- 
houses of the united company of merchants of England trading to 
the East Indies, or their successors ; but that all such teas so to 
be cleared, whether the same have been already, or shall be here- 
after, sold by the said company, or their successors, shall be and 
are hereby freed and discharged, during the said term, from the 
said inland duty. 

II. And it is hereby further enacted . . . , That for and during 
the like space of five years, to be computed from the fifth day of 
July, one thousand seven hundred and sixty seven, there shall be 
drawn back and allowed for all teas exported from this kingdom 
as merchandize to Ireland, or any of the British colonies or 
plantations in America, the whole duties of customs payable upon 
the importation of such teas; which drawback or allowance, with 
respect to such teas as shall be exported to Ireland, shall be made 
to the exporter in such manner, and under such rules, regulations, 
securities, penalties, and forfeitures, as any drawback or allow- 
ance is now payable out of the duty of customs upon the exporta- 



1767] TEA ACT 329 

tijn of foreign goods to Ireland ; and with respect to such teas 
as shall be exported to the British colonies and plantations in 
America, the said drawback or allowance shall be made in such 
manner, and under such rules, regulations, penalties, and for- 
feitures, as any drawback or allowance payable out of the duty 
of customs upon foreign goods exported to foreign parts, was, 
could, or might be, made before the passing of this act (except 
in such cases as are otherwise provided for by this Act.) 

III. Provided always . . . , That the drawback allowed by this 
act shall not be paid or allowed for any teas which shall not be 
exported directly from the warehouse or warehouses wherein the 
same shall be lodged, pursuant to the directions of an act made in 
the tenth year of the reign of his late Majesty King George the First. 

[Any diminution of revenue, by reason of the discontinuance 
of the duty, to be made good by the East India Company.] 

VII. And whereas by an act made in the twenty-frst year of 
the reign of his late Majesty, intituled. An act for permitting tea to 
be exported to Ireland, and his Majesty's plantations in America, 
without paying the inland duties charged thereupon by an act of 
the eighteenth year of his present Majesty's reign ; and for enlarg- 
ing the time for some of the payments to be made on the subscrip- 
tion of six millions three hundred thousand pounds, by virtue of 
an act of this session of parliament ; it is enacted, That from and 
after the first day of June, one thousa?id seven hundred and foi-fy 
eight, no tea should be exported to the kingdom of Ireland, or to 
any of his Mafestfs plantations in America, in any chest, cask, 
tub, or package whatsoever, other than that in which it was origin- 
ally imported into Great Britain, nor in any less'qiiantities than in 
the intire lot or lots in which the same was sold at the sale of the 
said united company, under the penalty of the forfeitui-e of such tea, 
and the package containing the same : and whereas the prohibiting 
the exportation of tea in any less quantity then one intire lot, has 
been very incofivenient to merchants a?id traders, and tends to dis- 
courage the exportation of tea to Ireland, and the said colonies ; be 
it therefore enacted . . . , That from and after the fifth day of 
July, one thousand seven hundred and sixty seven, the said re- 
cited clause shall be, and is hereby, repealed. 

VIII. And be it further enacted . . . , That from and after 
. . . [July 5, 1767] . . . , no tea shall be exported to the kingdom 



330 MASSACHUSETTS CIRCULAR LETTER [February tt 

of Ireland, or to any of his Majesty's plantations in America, in 
any chest, cask, tub, or package whatsoever, other than that in 
which it was originally imported into Great Britain ; nor in any 
less quantity than the whole and intire quantity contained in any 
chest, cask, tub, or package, in which the same was sold at the 
publick sale of the united company of merchants of England 
trading to the East Indies ; under the penalty of the forfeiture 
of such tea, and the package containing the same, which shall 
and may be seized by any officer of the customs. . . . 

IX. And be it enacted . . . , That from and after . . . 
[July 24, 1767] . . . , all teas which shall be seized and con- 
demned for being illegally imported, or for any other cause, shall 
not be sold for consumption within this kingdom, but shall be 
exported to Ireland, or to the British colonies in America ; and 
that no such teas, after the sale thereof, shall be delivered out of 
any warehouse belonging to his Majesty, otherwise than for ex- 
portation as aforesaid; or be exported in any package containing 
a less quantity than fifty pounds weight; which exportation shall- 
be made in like manner, and under the same rules, regulations, 
penalties, and forfeitures, except in respect to the allowance of 
any drawback, as are by this act prescribed, appointed, and in- 
flicted, in relation to the exportation of teas sold by the said 
company; and upon the like bond and security as is required by 
the said act made in the twenty first year of the reign of his late 
Majesty King George the Second, to be approved of by the com- 
missioners of the customs or excise in England for the time 
being, or any three of them respectively, or by such person or 
persons as they shall respectively appoint for that purpose. 



No. 65. Massachusetts Circular Letter 

February 11, 1768 

The General Court of Massachusetts met Dec. 30, 1767. The address of 
Governor Bernard dealt with the question of the boundaries between Massa- 
chusetts and New York and New Hampshire and Maine, and did not mention 
the Townshend acts. The acts were, however, read in the House, and the 
consideration of them referred to a committee of nine on the state of the 
province. On the 12th of January the committee reported a draft of a letter 
to Dennis De Berdt, agent of the colony in England, reviewing the arguments 



1768] MASSACHUSETTS CIRCULAR LETTER 331 

against taxation by Great Britain, and protesting against the recent acts as 
unjust and unwarranted. Subsequently a petition to the King, and letters to 
Shelburne, Rockingham, Camden, Chatham, Conway, and the Commissioners 
of the Treasury, were adopted. On the 21st of January a motion " to appoint 
a time to consider the expediency of writing to the assemblies of the other 
colonies on this continent, with respect to the importance of their joining with 
them in petitioning his Majesty at this time," was rejected; but on Feb. 4 the 
motion was reconsidered, and a committee appointed " to prepare a letter to 
be sent to each of the Houses of Representatives and Burgesses on the con- 
tinent, to inform them of the measures which this House has taken with regard 
to the difficulties arising from the acts of Parliament for levying duties and 
taxes on the American colonists." The letter, drawn up by Samuel Adams, 
was reported on the nth, and adopted. The letter was laid before the cabi- 
net April 15, by Lord Hillsborough, secretary of state for the colonies. A 
letter from Hillsborough to the governors of the several colonies, April 21, 
called upon them to exert their " utmost influence " to prevent the various 
assemblies from taking action on the Massachusetts circular; while a commu- 
nication to Governor Bernard, of the following day, instructed him to require 
the assembly to rescind the resolution under which the circular letter was 
issued, and, in case of refusal, to dissolve them. On the 30th of June, after 
adopting a letter to Hillsborough defending their action, the House, by a vote 
of 92 to 1 7, refused to rescind. The next day the General Court was dissolved. 
References. — Text in Bradford's Massachusetts State Papers, 134-136; 
the same work gives the other Massachusetts letters and documents referred 
to above. Almon's Prior Documents, 220, gives Hillsborough's letter to the 
governors; 203-205, extracts from the letter to Bernard; 213-21S, replies of 
other colonies to the circular letter. 

Province of Massachusetts Bay, February 11, 1768. 
SIR, 

The House of Representatives of this province, have taken 
into their serious consideration, the great difficulties that must 
accrue to themselves and their constituents, by the operation of 
several acts of Parliament, imposing duties and taxes on the 
American colonies. 

As it is a subject in which every colony is deeply interested, 
they have no reason to doubt but your House is deeply impressed 
with its importance, and that such constitutional measures will 
,be come into, as are proper. It seems to be necessary, that all 
possible care should be taken, that the representatives of the 
several assemblies, upon so delicate a point, should harmonize 
with each other. The House, therefore, hope that this letter will 
be candidly considered in no other light then as expressing a 
disposition freely to communicate their mind to a sister colony, 
upon a common concern, in the same manner as they would be 



332 MASSACHUSETTS CIRCULAR LETTER [February ii 

glad to receive the sentiments of your or any other Houes of 
Assembly on the continent. 

The House have humbly represented to the ministry, their own 
sentiments, that his Majesty's high court of Parliament is the 

^supreme legislative power over the whole empire; that in all free 

"^ states the constitution is fixed, and as the supreme legislative 
derives its power and authority from the constitution, it cannot 
overleap the bounds of it, without destroying its own foundation; 
that the constitution ascertains and limits both sovereignty and 
allegiance, and, therefore, his Majesty's American subjects, who 
acknowledge themselves bound by the ties of allegiance, have an 
equitable claim to the full enjoyment of the fundamental rules of 
the British constitution; that it is an essential, unalterable right, 
in nature, engrafted into the British constitution, as a funda- 

^ mental law, and ever held sacred and irrevocable by the subjects 
within the realm, that what a man has honestly acquired is abso- 
lutely his own, which he may freely give, but cannot be taken 
from him without his consent; that the American subjects may, 
therefore, exclusive of any consideration of charter rights, with 
a decent firmness, adapted to the character of free men and sub- 
jects, assert this natural and constitutional right. 

It is, moreover, their humble opinion, which they express with 
the greatest deference to the wisdom of the Parliament, that the 
acts made there, imposing duties on the people of this province, 
y with the sole and express purpose of raising a revenue, are in- 
fringements of their natural and constitutional rights; because, 

^' as they are not represented in the British Parliament, his Majesty's 
Commons in Britain, by those acts, grant their property without 
their consent. 

This House further are of opinion, that their constituents, 
considering their local circumstances, cannot, by any possibility, 
be represented in the Parliament; and that it will forever be 
impracticable, that they should be equally represented there, and 
consequently, not at all; being separated by an ocean of a thou- 
sand leagues. That his Majesty's royal predecessors, for this 
reason, were graciously pleased to form a subordinate legislature 
here, that their subjects might enjoy the unalienable right of a 
representation: also, that considering the utter impracticability 
of their ever being fully and equally represented in Parliament, 
and the great expense that must unavoidably attend even a partial 



1768] MASSACHUSETTS CIRCULAR LETTER 333 

representation there, this House think that a taxation of their 
constituents, even without their consent, grievous as it is, would 
be preferable to any representation that could be admitted for 
them there. 

Upon these principles, and also considering that were the right 
in Parliament ever so clear, yet, for obvious reasons, it would be 
beyond the rules of equity that their constituents should be taxed, 
on the manufactures of Great Britain here, in addition to the 
duties they pay for them in England, and other advantages aris- 
ing to Great Britain, from the acts of trade, this House have 
preferred a humble, dutiful, and loyal petition, to our most , 
gracious sovereign, and made such representations to his Majesty's 
ministers, as they apprehended would tend to obtain redress. 

They have also submitted to consideration, whether any people 
can be said to enjoy any degree of freedom, if the Crown, in 
addition to its undoubted authority of constituting a Governor, 
should appoint him such a stipend as it may judge proper, with- 
out the consent of the people, and at their expense; and whether, 
while the judges of the land, and other civil officers, hold not 
their commissions during good behaviour, their having salaries 
appointed for them by the Crown, independent of the people, 
hath not a tendency to subvert the principles of equity, and " 
endanger the happiness and security of the subject. 

In addition to these measures, the House have written a letter 
to their agent, which he is directed to lay before the ministry; 
wherein they take notice of the hardships of the act for prevent- 
ing mutiny and desertion, which requires the Governor and 
Council to provide enumerated articles for the King's marching 
troops, and the people to pay the expenses; and also, the com- - 
mission of the gentlemen appointed commissioners of the cus-,^^ 
toms, to reside in America, which authorizes them to make as 
many appointments as they think fit, and to pay the appointees 
what sum they please, for whose mal-conduct they are not 
accountable; from whence it may happen, that officers of the 
Crown may be multiplied to such a degree as to become dan- 
gerous to the liberty of the people, by virtue of a commission, ^ 
which does not appear to this House to derive any such advantages 
to trade as many have supposed. 

These are the sentiments and proceedings of this House; and 
as they have too much reason to believe that the enemies of the 



334 VIRGINIA RESOLUTIONS [May 16 

colonies have represented them to his Majesty's ministers, and 
to the Parliament, as factious, disloyal, and having a disposition 
to make themselves independent of the mother country, they have 
taken occasion, in the most humble terms, to assure his Majesty, 
and his ministers, that, with regard to the people of this province, 
and, as they doubt not, of all the colonies, the charge is unjust. 
The House is fully satisfied, that your Assembly is too generous 
and liberal in sentiment, to believe that this letter proceeds from 
an ambition of taking the lead, or dictating to the other assemblies. 
They freely submit their opinions to the judgment of others; 
and shall take it kind in your House to point out to them any 
thing further, that may be thought necessary. 

This House cannot conclude, without expressing their firm 
confidence in the King, our common head and father; that the 
united and dutiful supplications of his distressed American sub- 
jects, will meet with his royal aHyd favorable acceptance. 



No. 66. Virginia Resolutions 

May 16, 1769 

The various memorials and petitions of the colonial assemblies, in response 
to the Massachusetts circular letter, were laid before Lord Hillsborough by the 
colonial agents in London. The papers showed that the colonies were in 
hearty accord with Massachusetts; but the latter province, as the leader, was 
especially obnoxious to the King and the ministry. In October, 1768, two 

Y regiments of troops from Halifax arrived at Boston to support the royal govern- 
ment. Papers relating to the proceedings in Massachusetts, and the disturb- 
ances connected with the seizure of the sloop Liberty and the impressment of 
Americans, were laid before Parliament in November. December 15, in the 
House of Lords, an address to the King was moved, urging that Governor 
Bernard be directed to take immediate steps to apprehend the persons re- 
sponsible for the late disorders, with a view to sending them to England for 
trial, under a statute passed in the reign of Henry VIII. for the trial of treasons 
committed out of the kingdom. To this the Commons, on Feb. 9, agreed. 
The first protest came from Virginia. The General Assembly of that colony 
met May 11, and on the i6th the House of Burgesses adopted the resolutions 

y following. Thereupon the assembly was dissolved. The resolutions were 
transmitted to the other assemblies, however, and were generally approved, 
some of the assemblies adopting them entire as the best expression of their 
own views. 

References. — Text in Hutchinson's History of Massachusetts, HI., 494. 
The address to the King is in ib., 495, 496. The proceedings of Parliament 



1769] VIRGINIA RESOLUTIONS 335 

are in the Parliamentary History, XVI.; see also the Annual Register (1768, 
1769). On the resolutions see Frothingham's Rise of the Republic, 233-238; 
Henry's Patrick Henry, I., chap. 6. 

Resolved, nem. con. — I. That the sole right of imposing 
taxes on the inhabitants of this his majesty's colony and dominion / 
of Virginia is now, and ever hath been, legally and constitution- 
ally vested in the house of burgesses, lawfully convened according 
to the ancient and established practice, with the consent of the 
council, and of his majesty the king of Great Britain, or his 
governor for the time being. 

II. That it is the undoubted privilege of the inhabitants of 
this colony, to petition their sovereign for redress of grievances; 
and that it is lawful and expedient to procure the concurrence 
of his majesty's other colonies in dutiful addresses, praying the 
royal interposition in favour of the violated rights of America. 

III. That all trials for treason, misprision of treason, or for 
any felony or crime whatsoever committed and done in this his 
majesty's said colony and dominion by any person or persons 
residing therein, ought of right to be held and conducted in and 
before his majesty's courts held within his said colony, according 
to the fixed and known course of proceeding; and that the seizing 
any person or persons residing in this colony, suspected of any 
crime whatsoever committed therein, and sending such person 
or pers^ons to places beyond the sea to be tried, is highly deroga- / 
tory of the rights of British subjects, as thereby the inestimable 
privilege of being tried by a jury from the vicinage, as well as 
the liberty of summoning and producing witnesses on such trial, 
will be taken away from the party accused. 

IV. That an humble, dutiful, and loyal address be presented 
to his majesty, to assure him of our inviolable attachment to his 
sacred person and government, and to beseech his royal inter- 
position, as the father of all his people, however remote from the 
seat of his empire, to quiet the minds of his loyal subjects of this 
colony, and to avert from them those dangers and miseries which ; 
will ensue from the seizing and carrying beyond sea any person 
residing in America, suspected of any crime whatsoever, to be 
tried in any other manner than by the ancient and long estab- 
lished course of proceeding. 



336 VIRGINIA RESOLUTIONS [March 12 

No. 67. Virginia Resolutions 

March 12, 1773 

The chief occasion of the Virginia resolutions of 1773 was the appointment 
of a court of inquiry, to investigate the circumstances connected with the burn- 
ing of the Gaspee the previous June. The House of Burgesses met March 4. 
The resolutions, prepared by some of the younger members, among them 
Patrick Henry, Richard Henry Lee, Francis L. Lee, Thomas Jefferson, and 
Dabney Carr, were adopted on the 12th. Three days later the House was 
prorogued. The idea of committees of correspondence was not new, but the 
proposal of Virginia was the first to meet with general response from the other 
colonies. 

References. — Text in W. W. Henry's Patrick Henry, I., 159, 160. For 
the history of the resolutions see ib., I., 154-168; Frothingham's Rise of the 
Republic, 276-284. 

Whereas, The minds of his Majesty's faithful subjects in this 
colony have been much disturbed, by various rumors and reports 
of proceedings tending to deprive them of their ancient, legal, 
and constitutional right, 

And whereas, The affairs of this colony are frequently connected 
with those of Great Britain, as well as of the neighboring colonies, 
which renders a communication of sentiments necessary; in order, 
therefore, to remove the uneasinesses, and to quiet the minds of 
the people, as well as for the other good' purposes above men- 
tioned. 

Be it resolved. That a standing committee of correspondence 
and inquiry be appointed, to consist of eleven persons, to wit : 
the Honorable Peyton Randolph, Esquire, Robert Carter Nich- 
olas, Richard Bland, Richard Henry Lee, Benjamin Harrison, 
Edmund Pendleton, Patrick Henry, Dudley Digges, Dabney Carr, 
Archibald Cary and Thomas Jefferson, Esquires, any six of whom 
to be a committee, whose business it shall be to obtain the most 
early and authentic intelligence of all such acts and resolutions 
of the British Parliament, or proceedings of Administration, as 
may relate to or affect the British colonies in America, and to 
keep up and maintain a correspondence and communication with 
our sister colonies, respecting these important considerations; and 
the result of such their proceedings, from time to time, to lay 
before this House. 

Resolved, That it be an instruction to the said committee, that 
they do, without delay, inform themselves particularly of the 



1774] BOSTON PORT ACT 337 

principles and authority on which was constituted a court of 
inquiry, said to have been lately held in Rhode Island, with 
powers to transmit persons accused of offences committed in i/^i^ 
America to places beyond the seas to be tried. 

The said resolutions being severally read a second time, were, 
upon the question severally put thereupon, agreed to by the house, 
nemine co)itradice7itc. 

Resolved, That the speaker of this house do transmit to the 
speakers of the different Assemblies of the British colonies on the 
continent, copies of the said resolutions, and desire that they 
will lay them before their respective Assemblies, and request 
them to appoint some person or persons of their respective bodies, 
to communicate from time to time with the said committee. 



No. 68. Boston Port Act 

March 31, 1774 

By the Townshend Revenue Act [No. 63], a duty of T,d. per pound was 
imposed upon tea imported into the American colonies from Great Britain; 
but by the Tea Act [No. 64], the inland duty of \s. per pound was taken off 
for five years, and a drawback allowed, on tea exported to America, of the 
entire customs duty payable on its importation into England. The duties 
imposed by the Revenue Act, except that on tea, were repealed in 1770. But 
the colonies would not buy tea shipped from England, and most of the tea / 
consumed in America was smuggled in through the agency of the Dutch East 
India Company. To relieve the British East India Company from certain 
financial difficulties, an act was passed in May, 1773, again allowing a draw- 
back of the duties payable on importation into England, in case the tea was 
shipped to America; the tax of id. per pound, however, still remaining as an 
assertion of the principle of the Declaratory Act of 1766 [No. 60]. Upon the 
passage of the act of 1773, large quantities of tea were sent to America, but 
its importation was generally resisted. The most violent opposition was mani- 
fested in Boston, where, on the night of Dec. 16, the ships laden with tea were ^ 
boarded by citizens disguised as Indians, and the tea thrown into the harbor. 

Papers relating to the disturbances m America, and especially the proceed- 
ings at Boston, were laid before Parliament March 7, 1774, accompanied by a 
royal message urging the adoption of measures to end the disorder and secure 
obedience to the laws. On the 14th Lord North, in the House of Commons, 
asked and obtained leave to bring in a bill to remove the custom house officers 
from Boston, and to close that port to commerce. A petition from William 
Bollan, agent for Massachusetts, praying to be heard in behalf of that colony, 
was laid on the table. The bill was brought in on the iSth, had its second 
readmg on the 21st, and passed on the 25th without a division. It was taken 
z 



338 BOSTON PORT ACT [March 31 

up to the Lords the following day, and passed that House, without a division, 
on the 30th. March 31 the act received the royal assent. The petition of 
Bollan was finally rejected by the Commons on the 25th, by a vote of 40 to 
170; but he was heard in the Lords on the 30th, before the final vote on the 
bill. The act was repealed by the prohibitory act of 1775 [No. 80]. 

References. — Text in Pickering's Statutes at Large, XXX., 336-341. 
The act is cited as 14 Geo. III., c. 19. For the debates in Parliament, see 
the Parliamentary History, XVII., or Force's American Archives, Fourth 
Series, I., 5-61 ; cf. also the Annual Register (1774). The report of the 
committee of the Lords on the disturbances in Massachusetts is in Force, and 
also in Almon's Prior Documents, 232-255. Franklin's T7'ue State of the 
Proceedings, etc. {Works, Sparks's ed,, IV., 466-515), is a skilful counter- 
presentation. 

An act to discontinue, in such manner, and for such time as are 
therein mentioned, the landing and discharging, lading or ship- > 
ping, of goods, wares, and merchandise, at the town, and within 
the harbour, ^Boston, in the province <?/ Massachuset's Bay, in 
North America, 

WHEREAS dangerous commotions and insurrections have been 
fomented and raised in the town of Boston, in the province of 
Massachuset's Bay, in New England, by divers ill-affected persons, 
to the subversiott of his Majesty's government, and to the utter de- 
struction of the pub lick peace, and good order of the said town ; in 
which comjnotiofis and insurrections certain valuable cargoes of 
teas, being the property of the East India Company, and on board 
certain vessels lying within the bay or harbour of Boston, were 
seized and destroyed : And whereas, in the present condition of the 
said town and harbour, the commerce of his Majesty's subjects 
cannot be safely carried on there, nor the customs payable to his 
Majesty duly collected ; and it is therefore expedient that the officers 
of his Majesty's customs should be forthwith removed from the said 
town .• '. . . be it enacted . . . , That from and after the first day 
oi June, one thousand seven hundred and seventy-four, it shall 
not be lawful for any person or persons whatsoever to lade, put, 
or cause or procure to be laden or put, off or from any quay, 
wharf, or other place, within the said town of Boston, or in or 
upon any part of the shore of the bay, commonly called The 
Harbour of Boston, between a. certain headland or point called 
Nahant Point, on the eastern side of the entrance into the said 
bay, and a certain other headland or point called Alderton Point, 
on the western side of the entrance into the said bay, or in 



1774] BOSTON PORT ACT 339 

or upon any island, creek, landing-place, bank, or other place, 
within the said bay or headlands, into any ship, vessel, lighter, 
boat, or bottom, any goods, wares, or merchandise whatsoever, to 
be transported or carried into any other country, province, or 
place whatsoever, or into any other part of the said province 
of the Massachusef s Bay, in New England ; or to take up, dis- 
charge, or lay on land, or cause or procure to be taken up, dis- 
charged, or laid on land, within the said town, or in or upon any 
of the places aforesaid, out of any boat, lighter, ship, vessel, or 
bottom, any goods, wares, or merchandise whatsoever, to be 
brought from any other country, province, or place, or any other 
part of the said province of the Massachusef s Bay in New Eng- 
land, upon pain of the forfeiture of the said goods, wares, and 
merchandise, and of the said boat, lighter, ship, vessel, or other 
bottom into which the same shall be put, or out of which the same 
shall be taken, and of the guns, ammunition, tackle, furniture, and 
stores, in or belonging to the same : And if any such goods, wares, 
or merchandise, shall, within the said town, or in any the places 
aforesaid, be laden or taken in from the shore into any barge, 
hoy, lighter, wherry, or boat, to be carried on board any ship or 
vessel outward-bound to any other country or province, or other 
part of the said province of the Massachusetts Bay in New Efig- 
land, or be laden or taken into such barge, hoy, lighter, wherry, 
or boat, from or out of any ship or vessel coming in and arriving 
from any other country or province, or other part of the said pro- 
vince of the Massachusef s Bay in Netv England, such barge, 
hoy, lighter, wherry, or boat, shall be forfeited and lost. 

11. And be it further enacted . . . , That if any warfinger, or 
keeper of any wharf, crane, or quay, or their servants, or any of 
them, shall take up or land, or knowingly suffer to be taken up 
or landed, or shall ship off, or suffer to be water-borne, at or from 
any of their said wharfs, cranes, or quays, any such goods, wares, 
or merchandise; in every such case, all and every such warfinger, 
and keeper of such wharf, crane, or quay, and every person what- 
ever who shall be assisting, or otherwise concerned in the ship- 
ping or in the loading or putting on board any boat, or other 
vessel, for that purpose, or in the unshipping such goods, wares, 
and merchandise, or to whose hands the same shall knowingly 
come after the loading, shipping, or unshipping thereof, shall 
forfeit and lose treble the value thereof, to be computed at the 



340 BOSTON PORT ACT [March 31 

highest price which such sort of goods, wares, and merchandise, 
shall bear at the place where such offence shall be committed, at 
the time when the same shall be so committed, together with the 
vessels and boats, and all the horses, cattle, and carriages, what- 
soever made use of in the shipping, unshipping, landing, remov- 
ing, carriage, or conveyance of any of the aforesaid goods, wares, 
and merchandise. 

III. And be it further enacted . . . , That if any ship or vessel 
shall be moored or lie at anchor, or be seen hovering within the 
said bay, described and bounded as aforesaid, or within one 
league from the said bay so described, or the said headlands, or 
any of the islands lying between or within the same, it shall and 
may be/ylawful for any admiral, chief commander, or commis- 
sioned officer, of his Majesty's fleet or ships of war, or for any 
officer of his Majesty's customs, to compel such ship or vessel to 
depart to some other port or harbour, or to such station as the 
said officer shall appoint, and to use such force for that purpose 
as shall be found necessary,: And if such ship or vessel shall not 
depart accordingly, within six hours after notice for that purpose 
given by such person as aforesaid, such ship or vessel, together 
with all the goods laden on board thereon, and all the guns, 
ammunition, tackle, and furniture, shall be forfeited and lost, 
whether bulk shall have been broken or not. 

IV. Provided always. That nothing in this act contained shall 
extend, or be construed to extend, to any military or other stores 
for his Majesty's use, or to the ships or vessels whereon the same 
shall be laden, which shall be commissioned by, and— in the 
immediate pay of, his Majesty, his Heirs or successors; nor to 
any fuel or victual brought coastwise from any part of the con- 
tinent of Amei'ica, for the necessary use and sustenance of the 
inhabitants of the said town of Boston, provided the vessel 
wherein the same are to be carried shall be duly furnished with 
a cocket and let-pass, after having bee*n duly searched by the 
proper officers of his Majesty's customs at Marblehead, in the 
port of Salem, in the said province oi Massachusef s Bay ; and 
that some officer of his Majesty's customs be also there put on 
board the said vessel, who is hereby authorised to go on board, 
and proceed with the said vessel, together with a sufficient number 
of persons, properly armed, for his defence, to the said town or 
harbour of Boston ; nor to any ships or vessels which may happen 



1774] BOSTON PORT ACT 34 1 

to be within the said harbour of Boston on or before the first day 
oi June, one thousand seven hundred and seventy-four, and may 
have either laden or taken on board, or be there with intent to 
load or take on board, or to land or discharge any goods, wares, 
and merchandise, provided the said ships and vessels do depart 
the said harbour within fourteen days after the said first day of 
June, one thousand seven hundred and seventy-four. 

V. And be it further enacted . . . , That all seizures, penal- 
ties, and forfeitures, inflicted by this act, shall be made and 
prosecuted by any admiral, chief commander, or commissioned 
officer, of his Majesty's fleet, or ships of war, or by the officers 
of his Majesty's customs, or some of them, or by some other 
person deputed or authorised, by warrant from the lord high 
treasurer, or the commissioners of his Majesty's treasury for 
the time being, and by no other person whatsoever : And if any 
such officer, or other person authorised as aforesaid, shall, directly 
or indirectly, take or receive any bribe or reward, to connive at 
such lading or unlading, or shall make or commence any collusive 
seizure, information, or agreement for that purpose, or shall do 
any other act whatsoever, whereby the goods, wares, or merchan- 
dise, prohibited as aforesaid, shall be suffered to pass, either 
inwards or outwards, or whereby the forfeitures and penalties 
inflicted by this act may be evaded, every such offender shall 
forfeit the sum of five hundred pounds for every such offence, 
and shall become incapable of any office or employment, civil or 
military; and every person who shall give, offer, or promise, any 
such bribe or reward, or shall contract, agree, or treat with any 
person, so authorised as aforesaid, to commit any such offence, 
shall forfeit the sum of fifty pounds. 

[Sec. VI. provides for the prosecution and recovery of penalties 
under this act.] 

VII. And be it further enacted . . . , That every charter party 
bill of loading, and other contract for consigning shipping, or 
carrying any goods, wares, and merchandise whatsoever, to or from 
the said town of Boston, or any part of the bay or harbour thereof, 
described as aforesaid, which have been made or entered into, 
or which shall be made or entered into, so long as this act shall 
remain in full force, relating to any ship which shall arrive at 
the said town or harbour, after the first day of June, one thousand 
seven hundred and seventy-four, shall be, and the same are hereby 



342 BOSTON PORT ACT [Marcli 31 

declared to be, utterly void, to all intents and purposes whatso- 
ever. 

VIII. And be it further enacted . . . , That whenever it shall 
be made to appear to his Majesty, in his privy council, that 

-peace and obedience to the laws shall be so far restored in the' 
said town of Boston, that the trade of Great Britain may safely 
be carried on there, and his Majesty's customs duly collected,^ 
and his Majesty, in his privy council, shall adjudge the same to 
be true, it shall and may be lawful for his Majesty, by proclama- 
tion, or order of council, to assign and appoint the extent, bounds, 
and limits, of the port or harbour of Boston, and of every creek 
or haven within the same, or in the islands within the precincts 
thereof; and also to assign and appoint such and so many open 
places, quays, and wharfs, within the said harbour, creeks, havens, 
and islands, for the landing, discharging, lading, and shipping 
of goods, as his Majesty, his heirs or successors, shall judge 
necessary and expedient; and also to appoint such and so many 
officers of the customs therein as his Majesty shall think fit; after 
which it shall be lawful for any person or persons to lade or put 
off from, or to discharge and land upon, such wharfs, quays, and 
places, so appointed within the said harbour, and none other, 
any goods, wares, and merchandise whatever. 

IX. Provided always, That if any goods, wares, or merchan- 
dise, shall be laden or put off from, or discharged or landed upon, 
any other place than the quays, wharfs, or places, so to be ap- 
pointed, the same, together with the ships, boats, and other 
vessels employed therein, and the horses, or other cattle and 
carriages used to convey the same, and the person or persons con- 
cerned or assisting therein, or to whose hands the same shall 
knowingly come, shall suffer all the forfeitures and penalties 
imposed by this or any other act on the illegal shipping or land- 
ing of goods. 

X. Provided also, and it is hereby declared and enacted, 
That nothing herein contained shall extend, or be construed, to 
enable his Majesty to appoint such port, harbour, creeks, quays, 
wharfs, places, or officers, in the said town of Boston, or in the 
said bay or islands, until it shall sufficiently appear to his Majesty 
that full satisfaction hath been made by or on behalf of the in- 
habitants of the said town of Boston to the united company of 
merchants of England trading to the East Indies^ for the damage 



1774] Massachusetts government act 343 

sustained by the said company by the destruction of their goods 
sent to the said town of Boston, on board certain ships or vessels 
as aforesaid; and until it shall be certified to his Majesty, in 
council, by the governor, or lieutenant governor, of the said 
"province, that ■ reasonable satisfaction hath been made to the 
officers of his Majesty's revenue, and others, who suffered by 
the riots and insurrections above mentioned, in the months of 
November and December, in the year one thousand seven hundred 
and seventy-three, and in the month oi January, in the year one 
thousand seven hundred and seventy-four. 



No. 69. Massachusetts Government Act 

May 20, 1774 

March 28, 1774, Lord North moved in the House of Commons for leave to 
bring in a bill " for the better regulating the government of the Province of 
Massachusetts Bay." Leave was given, and April 15 the bill was presented. 
The bill had its second reading on the 22d, and May 2, after spirited debate, 
was ordered to its third reading by a vote of 239 to 64, and passed. A peti- 
tion from Bollan, April 28, for delay until he could hear from Massachusetts, 
was refused, the vote being 32 to 95. The bill had its second reading in the 
Lords May 6; on the nth, by a vote of 92 to 20, the third reading was 
ordered, and the bill, with some amendments, passed. Eleven Lords entered 
a protest against the bill. On the 1 3th the Commons agreed to the amend- 
ments of the Lords, and on the 20th the act received the royal assent. 

References. — Text m Pickering's Statutes at Large, XXX., 381-390. 
The act is cited as 14 Geo. HL, c. 45. Yox the debates, see the Parliavien- 
tary History, XVH., or Force's American Archives, Fourth Series, L, 66-104; 
see also the Annual Register (1774). 



// 



An act for the better regulating the government of the province of 
the Massachuset's Bay, in New England. 

WHEREAS by letters patent tinder the great seal of England, 
made ifi the third year of the reign of their late majesties King 
William and Queen Mary, for uniting, erecting, and incorporating, 
the several colonies, territories^ and tracts of land therein me7i- ^ 
tioned, into one real province, by the name of Their Majesties Pro- 
vince of the Massachusetts Bay, in New England ; whereby it 
was, amongst other things, ordained and established, that the gover- 



344 MASSACHUSETTS GOVERNMENT ACT [May 20 

, nor of the said province should, from thenceforth, be appointed and 
commissionated by their Majesties, their heirs and successors : It 
was, however, gratited and ordained. That, from the expiration of 
the term for and duritig which the eight and twenty persons named 

V in the said letters patent were appointed to be the first counsellors 
or assistants to the governor of the said province for the time being, 
the aforesaid number of eight and twenty counsellors or assistants 
should yearly, once in every year, for ever thereafter, be, by the 
general court or assembly, newly chosen : And whereas the said 
method of electing such counsellors or assistants, to be vested with 
the several powers, authorities, and privileges, therein mentioned, 
although conformable to the practice theretofore used in such of the 
colonies thereby united, in which the appointment of the respective 
governors, had been vested in the general courts or assemblies of the 

>/ said colonies, hath, by repeated experience, been found to be ex- 
tremely ill adapted to the plan of government established in the 
province of the Massachuset's Bay, by the said letters patent herein- 
before mentioned, and hath been so far froj?i contributing to the 
attainment of the good ends and purposes thereby intended, and to 
the promoting of the internal welfare, peace, and good government, 
of the said province, or to the maintenance of the Just subordinatio7i 
to, and conformity with, the laws ^ Great Britain, that the manner 
of exercising the powers, authorities, and privileges aforesaid, by 
the persojts so annually elected, hath, for some time past, been such 
as had the most manifest tendency to obstruct, and, in great meas- 
ure, defeat, the execution of the laws ; to weaken the attachment 
of his Majesty s well-disposed subjects in the said province to his 
Majesty's govertiment, and to encourage the ill-disposed among them 
to proceed even to acts of direct resistance to, and defiance of, his 
Majesty s authority : And it hath accordingly happened, that an 
open 7'esistance to the execution of the laws hath actually taken 
place in the town <?/" Boston, and the neighbourhood thereof, within 
the said Province : And whereas it is, under these circumstaiices, 
become absolutely necessary, in order to the presentation of the 
peace and good order of the said province, the protection of his 
Majesty's well-disposed subjects therein resident, the continuance of 
the mutual benefits arising from the commerce and correspondence 
between this kingdom and the said province, and the maintaining 
of the just dependence of the said province upon the crown and 
parliament of Great Britain, that the said method of annually 



1774] MASSACHUSETTS GOVERNMENT ACT 345 

electing the cowisellors or assistants of the said Province should 
no longer be suffered to cotitinue, but that the appoi7itment of the 
said counsellors or assistants should henceforth be put upon the 
like footing as is established in such other of his Majesty's colonies 
or pla7itations iti America, the governors whereof are appointed 
by his Majesty's commission, tender the great seal of Great Britain : 
Be it therefore enacted . . . , that from and after the first day of 
August, one thousand seven hundred and seventy-four, so much of 
the charter, granted by their majesties King William and Queen 
Mary to the inhabitants of the said province of the Massachusetts 
Bay, in New England, and all and every clause, matter, and 
thing, therein contained, which relates to the time and manner 
of electing the assistants or counsellors for the said province, be 
revoked, and is hereby revoked and made void and of none 
effect ; and that the ofifices of all counsellors and assistants, 
elected and appointed in pursuance thereof, shall from thence- 
forth cease and determine : And that, from and after the said first 
day of August, one thousand seven hundred and seventy-four, the 
council, or court of assistants of the said province for the time 
being, shall be composed of such of the inhabitants or proprietors 
of lands within the same as shall be thereunto nominated and 
appointed by his Majesty, his heirs and successors, from time to 
time, by warrant under his or their signet or sign manual, and 
with the advice of the privy council, agreeable to the practice 
now used in respect to the appointment of counsellors in such of 
his Majesty's other colonies in America, the governors whereof 
are appointed by commission under the great seal of Great 
Britain ; provided, that the number of the said assistants or 
counsellors shall not, at any one time, exceed thirty- six, nor be 
less than twelve. 

II. And it is hereby further enacted. That the said assistants 
or counsellors, so to be appointed as aforesaid, shall hold their 
ofifices respectively, for and during the pleasure of his Majesty, 
his heirs or successors; and shall have and enjoy all the powers, 
privileges, and immunities, at present held, exercised, and en- 
joyed, by the assistants or counsellors of the said province, con- 
stituted and elected, from time to time, under the said charter, 
(except as herein-after excepted); and shall also, upon their 
admission into the said council, and before they enter upon the, 
execution of their ofifices respectively, take the oaths, and make, 



346 MASSACHUSETTS GOVERNMENT ACT [May 20 

repeat, and subscribe, the declarations required, as well by the 
said charter as by any law or laws of the said province now in 
force, to be taken by the assistants or counsellors who have been 
o elected and constituted as aforesaid. 

III. And be it further enacted . • . , That from and after the 
first day oijufy, one thousand seven hundred and seventy-four, 
it shall and may be lawful for his Majesty's governor for the time 
being of the said province, or, in his absence, for the lieutenant- 
governor, to nominate and appoint, under the seal of the province, 
from time to time, and also to remove, without the consent of 
the council, all judges of the inferior courts of common pleas, 
commissioners of Oyer and Terminer, the attorney general, pro- 
vosts, marshals, justices of the peace, and other officers to the 
council or courts of justice belonging; and that all . . . [the said 
officers] . . . , and other officers so appointed . . . , shall and 
may have, hold, and exercise, their said offices, powers, and 
authorities, as fully and completely, to all intents and purposes, 
as any judges of the inferior courts of common pleas, commis- 
sioners of Oyer and Terminer, attorney general, provosts, marshals, 
or other officers, have or might have done heretofore under the 
said letters patent, in the third year of the reign of their late 
majesties King William and Queen Mary ; any law, statute, or 
usage, to the contrary notwithstanding. 

IV. [Provided, that the foregoing shall not be construed to 
annul any commission granted prior to July i, 1774.] 

V. And be it further enacted . . . , That,, from and after . . . 
[July I, 1774] . . . , it shall and may be lawful for his Majesty's 
governor, or, in his absence, for the lieutenant-governor for the 
time being of the said province, from time to time, to nominate 
and appoint the sheriffs without the consent of the council, and 
to remove such sheriffs with such consent, and not otherwise. 

VI. And be it further enacted . . . , That, upon every vacancy 
of the offices of chief justice and judges of the superior court of 
the said province, from and after . . . [July i, 1774] . . • , the 
governor for the time being, or, in his absence, the lieutenant- 
governor, without the consent of the council, shall have full power 
and authority to nominate and appoint the persons to succeed to 
the said offices, who shall hold their commissions during the 
pleasure of his Majesty . . . ; and that neither the chief justice 
or judges appointed before . . . [July i, 1774] . • . , nor those 



1774] MASSACHUSETTS GOVERNMENT ACT 347 

who shall hereafter be appointed pursuant to this act, shall be 
removed, unless by the order of his Majesty. . . . 

VII. A?id whereas, by several acts of the general court, which 
have been frojn thne to time enacted and passed within the said 
province, the freeholders and inhabitants of the several townships, 
districts, and precincts, qualified, as is therein expressed, are author- 
ized to assemble together, annually, or occasionally, upon notice 
given, in such manner as the said acts direct, for the choice of 
selectmen, constables, and other officers, and for the making and 
agreeing iipon such necessary rules, orders, and bye-laws, for the 
directing, fnatiaging, and ordering, the prudential affairs of such 
townships, districts, and precincts, and for other purposes : andl^ 
whereas a great abuse has been made of the power of calling such 
jneetitigs, and the inhabitants have, contrary to the design of their 
institution, been ?nisled to treat tipon matters of the most general 
concern, and to pass many dangerous and unwarrantable resolves : 
for remedy whereof, be it enacted, that from and after the said 
first day of August, one thousand seven hundred and seventy- 
four, no meeting shall be called by the select men, or at the 
request of any number of freeholders of any township, district, or 
precinct, without the leave of the governor, or, in his absence, of 
the lieutenant-governor, in writing, expressing the special business 
of the said meeting, first had and obtained, except the annual 
meeting in the months of March or May, for the choice of select 
men, constables, and other officers, or except for the choice of 
persons to fill up the offices aforesaid, on the death or removal 
of any of the persons first elected to such offices, and also, except 
any meeting for the election of a representative or representatives 
in the general court ; and that no other matter shall be treated of 

at such meetings, except the election of their aforesaid officers or 
representatives, nor at any other meeting, except the business 
expressed in the leave given by the governor, or, in his absence, 
by the lieutenant-governor. 

VIII. And whereas the inethod at present used in the province 
of Massachuset's Bay, /« America, of electing persons to serve on 
grand juries, and other Juries, by the freeholders and inhabitants 
of the several totvns, affords occasion for matiy evil practices, and 
tends to pervert the free and impartial administration of justice : 
for remedy whereof, be it further enacted . . . , That from and 
after the respective times appointed for the holding of the general 



348 MASSACHUSETTS GOVERNMENT ACT [May 20 

sessions of the peace in the several counties within the said 
province, next after the month of September, one thousand seven 
hundred and seventy-four, the jurors to serve at the superior 
courts of judicature, courts of assize, general gaol delivery, gen- 
eral sessions of the peace, and inferior court of common pleas, 
in the several counties within the said province, shall not be 
elected, nominated, or appointed, by the freeholders and inhabit- 
ants of the several towns within the said respective counties, nor 
summoned or returned by the constables of the said towns; but 
that, from thenceforth, the jurors to serve at . . . [the said 
courts] . . . shall be summoned and returned by the sheriffs of 
the respective counties within the said province; and all writs 
of Venire Facias, or other process or warrants to be issued for 
the return of jurors to serve at the said courts, shall be directed 
to the sheriffs of the said counties respectively, any law, custom,- 
or usage, to the contrary notwithstanding. 

*********** 

X. And that all sheiiffs may be better informed of persons quali- 
fied to serve on juries . . . [at the aforesaid courts] . . . , be it 
further enacted . . . , That the constables of the respective towns, 
within the several counties of the said province, shall, at the 
general sessions of the peace to be holden for each county, next 
after the month of September in every year, upon the first day of 
the said sessions, return and deliver to the justices of the peace, 
in open court, a true list, in writing, of the names and places of 
abode of all persons within the respective towns for which they 
serve, or the districts thereof, qualified to serve upon juries, with 
their titles and additions, between the age of one and twenty 
years and the age of seventy years; which said justices, or any 
two of them, at the said sessions in the respective counties, shall 
cause to be delivered a duplicate of the aforesaid lists, by the 
clerk of the peace of every county, to the sheriffs, or their depu- 
ties, within ten days after such sessions; and cause each of the 
said lists to be fairly entered into a book, by the clerk of the 
peace, to be by him provided, and kept for that purpose amongst 
the records of the said court; and no sheriff shall impannel or 
return any person or persons to serve upon any grand jury, or 
petit jury, whatsoever, in any of the said courts that shall not be 
named or mentioned in such list: and, to prevent the failure of 
justice, through the neglect of constables to make such returns 



1774] MASSACHUSETTS GOVERNMENT ACT 349 

of persons qualified to serve on juries, as in and by this act is 
directed, the clerks of the peace of the said several counties are 
hereby required and commanded, twenty days at least next before 
the month of September, yearly, and every year, to issue forth 
precepts or warrants, under their respective hands and seals, to 
the respective constables of the several towns within the said 
respective counties, requiring them ... to make such return of 
persons qualified to serve upon juries as hereby respectively 
directed; and every constable failing at any time to make and 
deliver such return to the justices in open court, as aforesaid, 
shall forfeit and incur the penalty of five pounds sterling to his 
Majesty . . . ; and, in order that the constables may be the 
better enabled to make complete lists of all persons qualified to 
serve on juries, the constables of the several towns shall have free 
liberty, at all seasonable times, upon request by them made to 
any officer or officers, who shall have in his or their custody any 
book or account of rates or taxes on the freeholders or inhabitants 
within such respective towns, to inspect the same, and take from 
thence the names of such persons qualified to serve on juries, 
dwelling within the respective towns for which such lists are to 
be given in and returned pursuant to this act; and shall, in the 
month of September, yearly, and every year, upon two or more 
Sundays, fix upon the door of the church, chapel, and every other 
publick place of religious worship within their respective pre- 
cincts, a true and exact list of all such persons intended to be 
returned to the said general sessions of the peace, as qualified to 
serve on juries, pursuant to the directions of this act; and leave 
at the same time a duplicate of such list with the town clerk of 
the said place, to be perused by the freeholders and inhabitants 
thereof, to the end that notice may be given of persons duly 
qualified who are omitted, or of persons inserted by mistake who 
ought to be omitted out of such lists; and it shall and may be 
lawful to and for the justices, at the general sessions of the peace 
to which the said list shall be so returned, upon due proof made 
before them of any person or persons duly qualified to serve on 
juries being omitted in such lists, or of any person or persons 
being inserted therein who ought to have been omitted, to order 
his or their name or names to be inserted or struck out, as the 
case may require : and in case any constable shall wilfully omit, 
out of such list, any person or persons, whose name or names 



350 MASSACHUSETTS GOVERNMENT ACT [May 20 

ought to be inserted, or shall wilfully insert any person or persons 
who ought to be omitted, every constable so offending, shall, for 
every person so omitted or inserted in such list, contrary to the 
true intent and me-aning of this act, be fined by the said justices, 
in the said general sessions of the peace, in the sum of forty 
shillings sterling. 

XI, Provided always . . . , That in case default shall at any 
time hereafter be made, by any constable or constables, to return 
lists of persons qualified to serve on juries within any of the said 
towns to the said court of general sessions of the peace; then, 
and in such case, it shall and may be lawful for the sheriff of the 
county, in which such default shall be made, to summon and 
return to the several courts aforesaid, or any of them, such and 
so many persons dwelling in such towns, or the districts thereof, 
qualified to serve on juries, as he shall think fit to serve on 
juries in such respective courts. . . . 

XIII. Provided always, and be it further enacted . . . , That 
in case a sufficient number of persons qualified to serve on juries 
shall not appear at the said courts, or any of them, to perform 
the service of grand or petit jurors ; that then, and in such case, 
it shall be lawful for the said court to issue a writ or precept to 
the sheriff, requiring him to summon a sufficient number of other 
persons qualified to serve on juries, immediately to appear at 
such court, to fill up and complete the number of jurors to serve 
at such court; and such persons are hereby required to appear 
and serve as jurors at the said courts accordingly. 

XVII. And be it further enacted . . . , That in case any per- 
son summoned to serve upon the grand or petit jury, at any of 
the courts aforesaid, or upon the jury in any prosecution, action, 
or suit, depending in any of the said courts, shall not appear and 
serve at the said courts, according to the said summons, (not 
having any reasonable excuse to be allowed by the judges or jus- 
tices at such court,) he shall be fined ... in any sum not ex- 
ceeding the sum of ten pounds, nor less than twenty shillings 
sterling. 

[The remaining sections relate to the drawing of jurors, the 
impanelling of special juries, and other details.] 



1774] ADMINISTRATION OF JUSTICE ACT 351 

No. 70. Administration of Justice Act 

May 20, 1774 

April 15, 1774, the bill for regulating the government of Massachusetts hav- 
ing been presented in the House of Commons, Lord North moved for leave 
to bring in, " as the last measure that Parliament will take," a bill " for the \^ 
impartial administration of justice, in the cases of persons questioned for any 
acts done by them in the execution of the laws, or for the suppression of the 
riots and tumults," in the Massachusetts colony. Leave being given, the bill 
was brought in on the 21st, had its second reading on the 25th, and May 6 
passed, by a vote of 127 to 24. On the 9th it was carried up to the Lords, 
where it was read a second time on the 13th, and on the i8th passed, the 
vote being 43 to 12. Eight members of the Lords entered a protest against 
the bill. May 20 the act received the royal assent. Throughout the debate 
the attendance in each house was small. 

References. — Text in Pickering's Statutes at Large, XXX., 367-371. 
The act is cited as 14 Geo. III., c. 39. The debates are in the Parliamen- 
tary History, XVII., and Force's American Archives, Fourth Series, I., 
111-129; see also the Annual Register (1774). 

An act for the impartial administration of justice in the cases of ^ 
persons questioned for any acts done by them in the execution of 
the law, or for the suppression of riots and tumults, in the prov- 
ince of the Massachuset's Bay, in New England. 

WHEREAS in his Majesty's province of Massachuset's Bay, in 
New England, an attempt hath lately been made to throw off the \/ 
authority of the parliament ^ Great Britain over the said province, 
and an actual and avoived resistance, by open force, to the execu- 
tion of certain acts of parliament, hath been suffered to take place, 
uncontrouled and unpunished, in defiance of his Majesty's author- 
ity, and to the utter subversion of all lawful government : and 
whereas, in the present disordered state of the said province, it is 
of the utmost importance to the general welfare thereof, and to the 
re-establishment of lawful authority throughout the same, that 
neither the magistrates acting in support of the laws, nor any of 
his Majesty's subjects aiding and assisting them therein, or in the 
suppression of riots and tumults, raised in opposition to the execu- 
tion of the laws and statutes of this realm, should be discouraged 
from the proper discharge of their duty, by an apprehension, that 
in case of their being questioned for any acts done therein, they may 
be liable to be brought to trial for the same before persons who do 



0^ 



352 ADMINISTRATION OF JUSTICE ACT [May 20 

not acknowledge the validity of the laws, in the execution thereof, 
or the authority of the magist?'ate in support of whoj?i, such acts 
had been done : in order therefore to remove every such discourage- 
ment from the minds of his Majesty s subjects, and to induce them, 
upon all pi'oper occasions, to exert themselves in support of the 
public peace of the province, and of the authority of the King and 
Parliament of Great Britain over the same ; be it enacted . . . , 
That if any inquisition or indictment shall be found, or if any 
appeal shall be sued or preferred against any person, for murther, 
or other capital offence, in the province of the Massachusetts Bay, 
and it shall appear, by information given upon oath to the gover- 
nor, or, in his absence, to the lieutenant-governor of the said prov- 
ince, that the fact was committed by the person against whom 
such inquisition or indictment shall be found, or against whom 
such appeal shall be sued or preferred, as aforesaid, either in the 
execution of his duty as a magistrate, for the suppression of riots, 
or in the support of the laws of revenue, or in acting in his duty 
as an officer of revenue, or in acting under the direction and order 
of any magistrate, for the suppression of riots, or for the carrying 
into effect the laws of revenue, or in aiding and assisting in any 
of the cases aforesaid ; and if it shall also appear, to the satisfac- 
tion of the said governor, or lieutenant-governor respectively, that 
an indifferent trial cannot be had within the said province, in that 
case, it shall and may be lawful for the governor, or lieutenant- 
governor, to direct, with the advice and consent of the council, 
that the inquisition, indictment, or appeal, shall be tried in some 
other of his Majesty's colonies, or in Great Britain ; and for that 
purpose, to order the person against whom such inquisition or 
indictment shall be found, or against whom such appeal shall be 
sued or preferred, as aforesaid, to be sent, under sufficient custody, 
to the place appointed for his trial, or to admit such person to 
bail, taking a recognizance, (which the said governor, or, in his 
absence, the Heutenant-governor, is hereby authorised to take,) 
from such person, with sufficient sureties, to be approved of by 
the said governor, or . . . lieutenant-governor, in such sums of 
money as the said governor, or . . . lieutenant-governor, shall 
deem reasonable, for the personal appearance of such person, if 
the trial shall be appointed to be had in any other colony, before 
the governor, or lieutenant-governor, or commander in chief of 
§uch colony; and if the trial sha,ll be appointed to be had in 



1774] ADMINISTRATION OF JUSTICE ACT 353 

Great Briiain, then before his Majesty's court of King's Benchy 
at a time to be mentioned in such recognizances ; and the gover- 
nor, or lieutenant-governor, or commander in chief of the colony 
where such trial shall be appointed to be had, or court of King's 
Bench, where the trial is appointed be had in Great Britain, upon 
the appearance of such person, according to such recognizance, 
or in custody, shall either commit such person, or admit him to 
bail, until such trial . . . 

II. And, to prevent a failure of justice, from the wajit of evi- 
dence on the trial of any such inquisition, indictment or appeal, 
be it further enacted. That the governor, or, in his absence, the 
lieutenant-governor, shall, and he is hereby authorised and re- 
quired, to bind in recognizances to his Majesty all such witnesses 
as the prosecutor or person against whom such inquisition or 
indictment shall be found, or appeal sued or preferred, shall 
desire to attend the trial of the said inquisition, indictment, or 
appeal, for their personal appearance, at the time and place of 
such trial, to give evidence : and the said governor, or . . . lieu- 
tenant-governor, shall thereupon appoint a reasonable sum to be 
allowed for the expences of every such witness, and shall there- 
upon give to each witness a certificate, in writing, under his hand 
and seal, that such witness has entered into a recognizance to 
give evidence, and specifying the sum allowed for his expences; 
and the collector and collectors of the customs, or one of them, 
within the said province, upon the delivery of such certificate, 
are, and is hereby authorised and required, forthwith to pay to 
such witness the sum specified therein for his expences. 

III. [Witnesses to be free from arrest while going to and re- 
turning from the place of trial.] 

IV. And be it further enacted . . . , That all and every his 
Majesty's justices of the peace, and other justices and coroners, 
before whom any person shall be brought, charged with murther, 
or other capital crime, where it shall appear by proof, on oath, 
to such justices or coroners, that the fact was committed by such 
person, either in the execution of his duty as a magistrate, for 
the suppression of riots, or in the support of the laws of revenue, 
or in acting in his duty as an officer of revenue, or in acting 
under the direction and order of any magistrate, for the suppres- 
sion of riots, or for the carrying into effect the laws of revenue, 
or in aiding and assisting in any of the cases aforesaid, are hereby 



354 ADMINISTRATION OF JUSTICE ACT [May 20 

authorised and required to admit every such person so brought 
before him or them, as aforesaid, to bail; any law, custom, or 
usage, to the contrary thereof in any-wise notwithstanding. 

V. And be it further enacted . . . , That where it shall be 
made appear to the judges or justices of any court, within the 
said province of Massachusef s Bay, by any person [charged with 
crimes as aforesaid], that he intends to make application to the 
governor, or lieutenant-governor of the said province, that such 
inquisition, indictment, or appeal, may be tried in some other 
of his Majesty's colonies, or in Great Britain, the said judges 
or justices are hereby authorised and required to adjourn or post- 
pone the trial of such inquisition, indictment, or appeal, for a 
reasonable time, and admit the person to bail, in order that he 
may make application to the governor, or lieutenant-governor, 
for the purpose aforesaid. 

VI. [The governor to transmit papers, in cases provided for 
by this act, to the governor of that colony in which the trial is to 
be had, or to one of the secretaries of state in England, as the 
case may be ; the trial to proceed as if the offence had been com- 
mitted at the place of trial.] 

VII. And be it enacted . . . , That in case, on account of any 
error or defect in any indictment, which, in virtue or under the 
authority of this act, shall be transmitted to any other colony, 
or to Great Britain, the same shall be quashed, or judgement 
thereon arrested, or such indictment adjudged bad upon demurrer, 
it shall and may be lawful to prefer a new indictment or indict- 
ments against the person or persons accused in the said colony, 
to which such indictment, so quashed or adjudged bad, shall have 
been transmitted, or before the grand jury of any county in Great 
Britain, in case such former indictment shall have been trans- 
mitted to Great Britain, in the same manner as could be done 
in case the party accused should return to the place where the 
offence was committed; and the grand jury and petty jury of such 
other colony or county in Great Britain shall have power to find 
and proceed upon such indictment or indictments, in the same 
manner as if the offence, by such indictment or indictments 
charged, had been committed within the limits of the colony or 
county for which such juries shall respectively be impanelled to 
serve. ■ 

VIII. And be it further enacted . . . , That this act . . . shall 



1774] QUARTERING ACT 3^^ 

commence and take effect upon the first day oi June, one thou- 
sand seven hundred and seventy-four; and be, and continue in 
force, for and during the term of three years. 



No. 71. Quartering Act 

June 2, 1774 

A BILL " for the better providing suitable quarters " for troops in America 
was presented to the House of Commons April 29, 1774, and passed that body 
May 9, without a division. On the 26th the bill passed the Lords, by a vote 
of 57 to 16, and June 2 received the royal assent by commission. The object 
of the act was " to facilitate the establishment of a temporary military govern- 
ment in Massachusetts." 

References. — Text in Pickering's Statutes at Large, XXX., 410. The 
act is cited as 14 Geo. III., c. 54. The Parliamentary History, XVII., and 
Yoxce^s American Archives, Yo\xc'Ca. Series, I, , 165-170, give the proceedings 
in Parliament. 

An act for the better- providing suitable quarters for officers and 
soldiers in his Majesty's service in North America. 

WHEREAS doubts have been entertained, whether troops can 
be quartered othei'wise than in barracks, iti case barracks have 
been provided sufficient for the quarteiing of all the officers and 
soldiers within any town, township, city, district, or place, within 
his Majesty's donmiions in North America : And whereas it may 
frequently happen, from the situation of such barracks, that, if 
troops should be quartered therein, they would not be stationed 
where their presence may be necessaiy and required : be it there- 
fore enacted . . . , That, in such cases, it shall and may be lawful 
for the persons who now are, or may be hereafter, authorized by 
law, in any of the provinces within his Majesty's dominions in 
North America, and they are hereby respectively authorized, 
impowered, and directed, on the requisition of the officer who, 
for the time b'eing, has the command of his Majesty's forces in 
North America, to cause any officers or soldiers in his Majesty's 
service to be quartered and billetted in such manner as is now 
directed by law, where no barracks are provided by the colonies. 

II. And be it further enacted . . . , That if it shall happen at 
any time that any officers or soldiers in his Majesty's service shall 



356 DECLARATION AND RESOLVES [Oct. 14 

remain within any of the said colonies without quarters, for the 
space of twenty-four hours after such quarters shall have been 
demanded, it shall and may be lawful for the governor of the 
province to order and direct such and so many uninhabited 
houses, out-houses, barns, or other buildings, as he shall think 
necessary to be taken, (making a reasonable allowance for the 
same), and make fit for the reception of such officers and soldiers, 
and to put and quarter such officers and soldiers therein, for such 
time as he shall think proper. 

III. And be it further enacted . . . , That this act, and every 
thing herein contained, shall continue and be in force, in all his 
Majesty's dominions in North America, until the twenty-fourth 
day of March, one thousand seven hundred and seventy-six. 



No. 72. Declaration and Resolves of the 
First Continental Congress 

October 14, 1774 

June 17, 1774, the Massachusetts House of Representatives, under the 
leadership of Samuel Adams, resolved : " That a meeting of committees from 
the several colonies on this continent is highly expedient and necessary, to 
consult upon the present state of the colonies, and the miseries to which they 
are and must be reduced by the operation of certain acts of Parliament re- 
specting America, and to deliberate and determine upon wise and proper 
measures, to be by them recommended to all the colonies, for the recovery 
and establishment of their just rights and liberties, civil and religious, and the 
restoration of union and harmony between Great Britain and the colonies, 
most ardently desired by all good men : Therefore, resolved, that the Hon. 
James Bowdoin, Esq., the Hon. Thomas Gushing, Esq., Mr. Samuel Adams, 
John Adams and Robert Treat Paine, Esqrs., be, and they are hereby ap- 
pointed a committee on the part of this province, for the purposes aforesaid, 
any three of whom to be a quorum, to meet such committees or delegates 
from the other colonies as have been or may be appointed, either by their 
respective houses of burgesses or representatives, or by convention, or by the 
committees of correspondence appointed by the respective houses of assembly, 
in the city of Philadelphia, or any other place that shall be judged most suita- 
ble by the committee, on the ist day of September next; and that the speaker 
of the house be directed, in a letter to the speakers of the houses of burgesses 
or representatives in the several colonies, to inform them of the substance of 
these resolves." 

In accordance with this call, delegates from all the colonies except North 



1774] DECLARATION AND RESOLVES 357 

Carolina and Georgia met at Philadelphia September 5 ; representatives from 
North Carolina appearing on the 14th. On the 7th, a committee of two from 
each colony was appointed " to state the rights of the colonies in general, the 
several instances in which those rights are violated or infringed, and the 
means most proper to be pursued for obtaining a restoration of them." A 
report under this resolution was brought in on the 22d, and read. On the 
24th, however, it was voted " that the Congress do confine themselves, at 
present, to the consideration of such rights as have been infringed by acts of 
the British Parliament since the year 1763." A report in accordance with 
this vote being brought in and read, further consideration was postponed 
while the Congress deliberated " on the means most proper to be used for a 
restoration " of colonial rights. The report on the rights and grievances of 
the colonies was finally taken up October 12, and on the 14th agreed to in 
the form following. 

References. — Text in Jotvnals of Congress (ed. 1800), I., 26-30. The 
record of proceedings in the journal is meagre; for additional details see 
Frothingham's Rise of the Republic, 331-391 ; John Adams's diary, in his 
Works, II., 340-404; and lives and works of members of the Congress. The 
instructions to the Virginia delegates, in Jefferson's Writings (ed. 1830), I., 
IOO-I16, are especially significant. 

Whereas, since the close of the last war, the British parliament, 
claiming a power, of right, to bind the people of America by 
statutes in all cases whatsoever, hath, in some acts, expresslyj 
imposed taxes on them, and in others, under various pretences, 
but in fact for the purpose of raising a revenue, hath imposed 
rates and duties payable in these colonies, established a board of 
commissioners, with unconstitutional powers, and extended the 
jurisdiction of courts oT admiralty, not only for collecting the said 
duties, but for the trial of causes merely arising within the body 
of a county. 

And whereas, in consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 
dependant on the crown alone for their salaries, and standing/ 
armies kept in times of peace: And whereas it has lately been\ 
resolved in parliament, that by force of a statute, made in the j 
thirty-fifth year of the reign of King Henry the Eighth, colonists 
may be transported to England, and tried there upon accusations 
for treasons and misprisions, or concealments of treasons com- 
mitted in the colonies, and by a late statute, such trials have been 
directed in cases therein mentioned : 

And whereas, in the last session of parliament, three statutes 
were made; one entitled, "An act to discontinue, in such manner 



</ 



358 DECLARATION AND RESOLVES [Oct. 14 

and for such time as are therein mentioned, the landing and dis- 
charging, lading, or shipping of goods, wares and merchandize, 
at the town, and within the harbour of Boston, in the province 
of Massachusetts-Bay in North-America; " another entitled, "An 
act for the better regulating the government of the province of 
Massachusetts-Bay in New England; " and another entitled, "An 
act for the impartial administration of justice, in the cases of 
persons questioned for any act done by them in the execution of 
the law, or for the suppression of riots and tumults, in the province 
of the Massachusetts-Bay in New England; " and another statute 
was then made, "for making more effectual provision for the 
government of the province of Quebec, &c." All which statutes 
are impolitic, unjust, and cruel, as well as unconstitutional, and 
y most dangerous and destructive of American rights : 

And whereas, assemblies have been frequently dissolved, con- 
trary to the rights of the people, when they attempted to deliberate 
on grievances; and their dutiful, humble, loyal, and reasonable 
/ petitions to the crown for redress, have been repeatedly treated 
with contempt, by his Majesty's ministers of state: 

The good people of the several colonies of New-Hampshire, 
Massachusetts-Bay, Rhode-Island and Providence Plantations, 
Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, 
Kent, and Sussex on Delaware, Maryland, Virginia, North- 
Carolina, and South-Carolina, justly alarmed at these arbitrary)) 
proceedings of parliament and administration, have severallyy 
elected, constituted, and appointed deputies to meet, and sit in 
general Congress, in the city of Philadelphia, in .order to obtain 
such establishment, as that their religion, laws, and liberties,' 
may not be subverted: Whereupon the deputies so appointed 
- being now assembled, in a full and free representation of these 
colonies, taking into their most serious consideration, the best 
means of attaining the ends aforesaid, do, in the first place, as. 
Englishmen, their ancestors in like cases have usually done, for\ 
asserting and vindicating their rights and liberties, DECLARE, '' 

That the inhabitants of the English colonies in North-America, 
by the immutable laws of nature, the principles of the English , 
constitution, and the several charters or compacts, have the fol- 
lowing RIGHTS : 

, Resolved, N. CD. i. That they are entitled to life, lib- 
erty and property: and they have never ceded to any for- 



1774] DECLARATION AND RESOLVES 3^^ 

eign power whatever, a right to dispose of either without their 
consent. 

Resolved, N. CD. 2. That our ancestors, who first settled 
these colonies, were at the time of their emigration from the 
mother country, entitled to all the rights, liberties, and im- 
munities of free and natural-born subjects, within the realm of 
England. 

Resolved, N. C. D. 3. That by such emigration they by no 
means forfeited, surrendered, or lost any of those rights, but that 
they were, and their descendants now are, entitled to the exercise 
and enjoyment of all such of them, as their local and other cir- 
cumstances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of all 
free government, is a right in the people to participate in their/ 
legislative council : and as the English colonists are not repre- 
sented, and from their local and other circumstances, cannot 
properly be represented in the British parliament, they are entitled 
to a free and exclusive power of legislation in their several pro- 
vincial legislatures, where their right of representation can alone _^ 
be preserved, in all cases of taxation and internal polity, subject 
only to the negative of their sovereign, in such manner as has 
been heretofore used and accustomed: But, from the necessity 
of the case, and a regard to the mutual interest of both countries, ^ 
we cheerfully consent to the operation of such acts of the British ] 
parliament, as are bona fide, restrained to the regulation of our ,' 
external commerce, for the purpose of securing the commercial 
advantages of the whole empire to the mother country, and the 
commercial benefits of its respective members; excluding every 
idea of taxation internal or external, for raising a revenue on ih&jj 
subjects, in America, without their consent. 

Resolved, N. CD. 5. That the respective colonies are en- 
titled to the common law of England, and more especially to the . 
great and inestimable privilege of being tried by their peers of 
the vicinage, according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of , 
the English statutes, as existed at the time of their colonization; / 
and which they have, by experience, respectively found to be / 
applicable to their several local and other circumstances. 

Resolved, N. C D. 7. That these, his majesty's colonies, 
are likewise entitled to all the immunities and privileges granted 



360 DECLARATION AND RESOLVES [Oct. 14 

and confirtned to them by royal charters, or secured by their 
several codes of provincial laws. 

Resolved, N. C. D. 8. That they have a right peaceably to 
assemble, consider of their grievances, and petition the king; 
and that all prosecutions, prohibitory proclamations, and com- 
mitments for the same, are illegal. 

Resolved, N. C. D. 9. That the keeping a standing army in 
these colonies, in times of peace, without the consent of the 
legislature of that colony, in which such army is kept, is against 
law. 

Resolved, N. CD. 10. It is indispensably necessary to good 
government, and rendered essential by the English constitution, 
that the constituent branches of the legislature be independent 
of each other; that, therefore, the exercise of legislative power 
in several colonies, by a council appointed, during pleasure, by 
the crown, is unconstitutional, dangerous and destructive to the 
freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of 
themselves, and their constituents, do claim, demand, and insist 
on, as their indubitable rights and liberties; which cannot be 
legally taken from them, altered or abridged by any power what- 
ever, without their own consent, by their representatives in their 
several provincial legislatures. 

In the course of our inquiry, we find^many infringements and 
violations of the foregoing rights, which, from an ardent desire, 
that harmony and mutual intercourse of affection and interest 
may be restored, ^e pass over for the present, and proceed to 
state such acts and measures as have been adopted since the last 
war, which demonstrate a system formed to enslave America. 

Resolved^ N^ CD. /nfhat the following acts of parliament are 
infringements and violations of the rights of the colonists; and 
that the repeal of them is essentially necessary, in order to 
restore harmony between Great-Britain and the American colo- 
nies, viz. 

The several acts of 4 Geo. III. ch. 15. and ch. 34. — 5 Geo. III. 
ch. 25. — 6 Geo. III. ch. 52. — 7 Geo. III. ch. 41. and ch. 46, 
— 8 Geo. III. ch. 22. which impose duties for the purpose of 
raising a revenue in America, extend the power of the admiralty 
courts beyond their ancient limits, deprive the American subject 
of trial by jury, authorise the judges certificate to indemnify the 



1774] DECLARATION AND RESOLVES 36 1 

prosecutor from damages, that he might otherwise be liable to, 
requiring oppressive security from a claimant of ships and goods 
seized, before he shall be allowed to defend his property, and 
are subversive of American rights. 

Also 12 Geo. III. ch. 24. intituled, "An act for the better se- 
curing his majesty's dockyards, magazines, ships, ammunition, 
and stores," which declares a new offence in America, and de- 
prives the American subject of a constitutional trial by jury of 
the vicinage, by authorising the trial of any person, charged with 
the committing any offence described in the said act, out of the 
realm, to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of parliament, for 
stopping the port and blocking up the harbour of Boston, for 
altering the charter and government of Massachusetts-Bay, and 
that which is entitled, " An act for the better administration of 
justice, &c." 

Also the act passed in the same session for establishing the 
Roman Catholic religion, in the province of Quebec, abolishing 
the equitable system of English laws, and erecting a tyranny there, 
to the great danger, (from so total a dissimilarity of religion, law 
and government) of the neighbouring British colonies, by the 
assistance of whose blood and treasure the said country was con- 
quered from France. 

Also the act passed in the same session, for the better providing 
suitable quarters for officers and soldiers in his majesty's service, 
in North-America. 

Also, that the keeping a standing army in several of these colo- 
nies, in time of peace, without the consent of the legislature of 
that colony, in which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot submit, 
but in hopes their fellow subjects in Great-Britain will, on a 
revision of them, restore us to that state, in which both countries 
found happiness and prosperity, we have for the present, only 
resolved to pursue the following peaceable measures : i. To enter 
into a non-importation, non-consumption, and non-exportation 
agreement or association. 2. To prepare an address to the peo- 
ple of Great-Britain, and a memorial to the inhabitants of Brit- 
ish America: and 3. To prepare a loyal address to his majesty, 
agreeable to resolutions already entered into. 



362 THE ASSOCIATION [Oct. 26 



No. 73. The Association 

October20, 1774 

September 22, 1774, the Continental Congress unanimously voted to "re- 
quest the merchants and others, in the several colonies, not to send to Great 
Britain any orders for goods, and to direct the execution of all orders already 
sent to be delayed or suspended, until the sense of the Congress on the means 
to be taken for the preservation of the liberties of America is made public." 
On the 27th it was resolved "that from and after the first day of December 
next, there be no importation into British America, from Great Britain or 
Ireland, of any goods, wares or merchandize whatever, or from any other 
place of any such goods, wares or merchandizes as shall have been exported 
from Great Britain or Ireland, and that no such goods, wares or merchandizes 
imported after the said first day of December next be used or purchased." 
A resolution of September 30 declared that exportation to Great Britain, 
Ireland, and the West Indies ought to cease from and after Sept. 10, 1775, 
"unless the grievances of America are redressed before that time; " and a 
committee was appointed " to bring in a plan for carrying into effect the non- 
importation, non-consumption and non-exportation resolved on." October 6 
the committee were directed to include in their plan a clause prohibiting the 
importation, after December i, of molasses, coffee and pimento from the 
British plantations or Dominica, wines from Madeira and the Western Islands, 
and foreign indigo. The report of the committee was brought in October 12, 
and on the i8th was agreed to; on the 20th it was signed by fifty-three 
members of the Congress. 

References. — 7'exi in Journals of Cong7-ess (ed. 1800), I., 31-35. For 
references, see under No. 72, ante. Numerous documents relating to the 
observance of the Association in the different colonies are collected in Force's 
Americajt Archives, Fourth Series, I., II. 

WE, his majesty's most loyal subjects, the delegates of the 
several colonies of New-Hampshire, Massachusetts-Bay, Rhode- 
Island, Connecticut, New-York, New-Jersey, Pennsylvania, the 
three lower counties of Newcastle, Kent and Sussex on Delaware, 
Maryland, Virginia, North-Carolina, and South-Carolina, deputed 
to represent them in a continental Congress, held in the city of 
Philadelphia, on the fifth day of September, 1774, avowing our 
allegiance to his majesty, our affection and regard for our fellow- 
subjects in Great Britain and elsewhere, affected with the deepest 
anxiety, and most alarming apprehensions, at those grievances 
and distresses, with which his majesty's American subjects are 
oppressed; and having taken under our most serious deliberation, 
the state of the whole continent, find, that the present unhappy 



1774] THE ASSOCIATION 363 

situation of our affairs is occasioned by a ruinous system of colony 1- 
administration, adopted by the British ministry about the year 
1763, evidently calculated for inslaving these colonies, and, with '' 
them, the British Empire. In prosecution of which system, va-l 
rious acts of parliament have been passed, for raising a revenue! 
in America, for depriving the American subjects, in many in- 
stances, of the constitutional trial by jury, exposing their lives 
to danger, by directing a new and illegal trial beyond the seas, 
for crimes alleged to have been committed in America: And in 
prosecution of the same system, several late, cruel, and oppressive 
acts have been passed, respecting the town of Boston and thej. 
Massachusetts-Bay, and also an act for extending the province of 
Quebec, so as to border on the western frontiers of these colonies, 
establishing an arbitrary government therein, and discouraging 
the settlement of British subjects in that wide extended country; '-^ 
thus, by the influence of civil principles and ancient prejudices, 
to dispose the inhabitants to act with hostility against the free 
Protestant colonies, whenever a wicked ministry shall chuse so 
to direct them. 

fj To obtain redress of these grievances, which threaten destruc- 
/tion to the lives, liberty, and property of his majesty's subjects, 
in North-America,'we are of opinion, that a non-importation, 
non-consumption, and non-exportation agreement, faithfully ad- 
hered to, will prove the most speedy, effectual, and peaceable 
measure : And, therefore, we do, for ourselves, and the inhabit- 
ants of the several colonies, whom we represent, firmly agree and 
associate, under the sacred ties of virtue, honour and love of our 
country, as follows : 

First, That from and after the first day of December next, we 
will not import, into British America, from Great-Britain or Ire- 
land, any goods, wares, or merchandize whatsoever, or from any 
other place, any such goods, wares, or merchandize, as shall have 
been exported from Great-Britain or Ireland; nor will we, after 
that day, import any East-India tea from any part of the world; 
nor any molasses, syrups, paneles, coffee, or pimento, from the 
British plantations or from Dominica; nor wines from Madeira, 
or the Western Islands; nor foreign indigo. 

Second, We will neither import nor purchase, any slave im- 
ported after the first day of December next; after which time, 
we will wholly discontinue the slave trade, and will neither be 



364 THE ASSOCIATION [Oct. 20 

concerned in it ourselves, nor will we hire our vessels, nor sell 
our commodities or manufactures to those who are concerned 
in it. 

Third, As a non-consumption agreement, strictly adhered to, 
will be an effectual security for the observation of the non- 
importation, we, as above, solemnly agree and associate, that 
from this day, we will not purchase or use any tea, imported on 
account of the East-India company, or any on which a duty hath 
been or shall be paid; and from and after the first day of March 
next, we will not purchase or use any East-India tea whatever; 
nor will we, nor shall any person for or under us, "purchase or 
use any of those goods, wares, or merchandize, we have agreed 
not to import, which we shall know, or have cause to suspect, 
were imported after the first day of December, except such as 
come under the rules and directions of the tenth article hereafter 
mentioned. 

Fourth, The earnest desire we have not to injure our fellow- 
subjects in Great-Britain, Ireland, or the West-Indies, induces 
us to suspend a non-exportation, until the tenth day of September, 
1775; at which time, if the said acts and parts of acts of the 
British parliament herein after mentioned, are not repealed, we 
will not directly or indirectly, export any merchandize or com- 
modity whatsoever to Great-Britain, Ireland, or the West-Indies, 
except rice to Europe. 

Fifth, Such as are merchants, and use the British and Irish 
trade, will give orders, as soon as possible, to their factors, agents 
and correspondents, in Great-Britain and Ireland, not to ship 
any goods to them, on any pretence whatsoever, as they cannot 
be received in America; and if any merchant, residing in Great- 
Britain or Ireland, shall directly or indirectly ship any goods, 
wares or merchandize, for America, in order to break the said 
non-importation agreement, or in any manner contravene the 
same, on such unworthy conduct being well attested, it ought to 
be made public; and, on the same being so done, we will not, 
from thenceforth, have any commercial connexion with such 
merchant. 

Sixth, That such as are owners of vessels will give positive 
orders to their captains, or masters, not to receive on board their 
vessels any goods prohibited by the said non-importation agree- 
ment, on pain of immediate dismission from their service. 



1774] THE ASSOCIATION 365 

Seventh, We will use our utmost endeavours to improve the 
breed of sheep, and increase their number to the greatest extent; ^ 
and to that end, we will kill them as seldom as may be, especially 
those of the most profitable kind; nor will we export any to the 
West-Indies or elsewhere; and those of us, who are or may be- 
come overstocked with, or can conveniently spare any sheep, 
will dispose of them to our neighbours, especially to the poorer 
sort, on moderate terms. 

Eighth, We will, in our several stations, encourage frugality,: \^ 
oeconomy, and industry, and promote agriculture, arts and the 
manufactures of this country, especially that of wool; and will' 
discountenance and discourage every species of extravagance and ) 
dissipation, especially all horse-racing, and all kinds of gaming, ) 
cock fighting, exhibitions of shews, plays, and other expensive 
diversions and entertainments; and on the death of any relation 
or friend, none of us, or any of our families will go into any 
further mourning-dress, than a black crape or ribbon on the arm 
or hat, for gentlemen, and a black ribbon and necklace for ladies, 
and we will discontinue the giving of gloves and scarves at 
funerals. 

Ninth, Such as are venders of goods or merchandize will not 
take advantage of the scarcity of goods, that may be occasioned 
by this association, but will sell the same at the rates we have ^ 
been respectively accustomed to do, for twelve months last past. 
— And if any vender of goods or merchandize shall sell such 
goods on higher terms, or shall, in any manner, or by any device 
whatsoever, violate or depart from this agreement, no person 
ought, nor will any of us deal with any such person, or his or 
her factor or agent, at any time thereafter, for any commodity 
whatever. 

Tenth, In case any merchant, trader, or other person, shall im- 
port any goods or merchandize, after the first day of December, 
and before the first day of February next, the same ought forth- 
with, at the election of the owner, to be either re-shipped or 
delivered up to the committee of the county or town, wherein 
they shall be imported, to be stored at the risque of the importer, 
until the non-importation agreement shall cease, or be sold under 
the direction of the committee aforesaid; and in the last-men- 
tioned case, the owner or owners of such goods shall be reim- 
bursed out of the sales, the first cost and charges, the profit, if 



366 THE ASSOCIATION [Oct. 20 

any, to be applied towards relieving and employing such poor 
inhabitants of the town of Boston, as are immediate sufferers by 
the Boston port-bill j and a particular account of all goods so 
returned, stored, or sold, to be inserted in the public papers; 
and if any goods or merchandizes shall be imported after the said 
first day of February, the same ought forthwith to be sent back 
again, without breaking any of the packages thereof. 

Eleventh, That a committee be chosen in every county, city, 
and town, by those who are qualified to vote for representatives 
in the legislature, whose business it shall be attentively to observe 
the conduct of all persons touching this association; and when 
it shall be made to appear, to the satisfaction of a majority of 
any such committee, that any person within the limits of their 
appointment has violated this association, that such majority do 
forthwith cause the truth of the case to be published in the 
gazette; to the end, that all such foes to the rights of British- 
America may be publicly known, and universally contemned as 
the enemies of American liberty; and thenceforth we respectively 
will break off all dealings with him or her. 

Twelfth, That the committee of correspondence, in the respec- 
tive colonies, do frequently inspect the entries of their custom- 
houses, and inform each other, from time to time, of the true 
state thereof, and of every other material circumstance that may 
occur relative to this association. 

Thirteenth, That all manufactures of this country be sold at 
reasonable prices, so that no undue advantage be taken of a future 
scarcity of goods. 

Fourteenth, And we do further agree and resolve, that we will 
have no trade, commerce, dealings or intercourse whatsoever, 
with any colony or province, in North-America, which shall not 
accede to, or which shall hereafter violate this association, but 
will hold them as unworthy of the rights of freemen, and as 
inimical to the liberties of their country. 

And we do solemnly bind ourselves and our constituents, under 
the ties aforesaid, to adhere to this association, until such parts 
of the several acts of parliament, passed since the close of the 
last war, as impose or continue duties on tea, wine, molasses, 
syjTups, paneles, coffee, sugar, pimento, indigo, foreign paper, 
glass, and painters colours, imported into America, and extend 
the powers of the admiralty courts beyond their ancient limits, 



1775] LORD NORTH'S RESOLUTION 367 

deprive the American subject of trial by jury, authorise the judge's 
certificate to indemnify the prosecutor from damages, that he 
might otherwise be liable to, from a trial by his peers, require 
oppressive security from a claimant of ships or goods seized, 
before he shall be allowed to defend his property, are repealed. 
— And until that part of the act of the 12. G. 3. ch, 24. entitled, 
"An act for the better securing his majesty's dock-yards, maga- 
zines, ships, ammunition, and stores," by which any persons 
charged with committing any of the offences therein described, 
in America, may be tried in any shire or county within the 
realm, is repealed — and until the four acts, passed the last ses- 
sion of parliament, viz. that for stopping the port and blocking 
up the harbour of Boston — that for altering the charter and 
government of the Massachusetts-Bay — and that which is en- 
titled, "An act for the better administration of justice, &c." — 
and that "For extending the limits of Quebec, &c." are repealed. 
And we recommend it to the provincial conventions, and to the 
committees in the respective colonies, to establish such farther 
regulations as they may think proper, for carrying into executioi 
this association. / 



No. 74. Lord North's Conciliatory Resolu- 
tion 

February 27, 1775 

Lord North's unexpected offer of conciliation, in the form of the resolu- 
tion following, was presented to the House of Commons, in Committee of the 
Whole, February 20, 1775. Although the proposal was generally unsatisfac- 
tory to the friends of the ministry, it was adopted by a vote of 274 to 88. On 
the 27th the resolution was reported to the House, and agreed to. 

References. — Text in Force's American Archives, Fourth Series, I., 1598. 
The debates on the resolution are also in ib., 1 597-1 622. Public opinion 
in England is best exhibited in the An7iual Register (1775). Dartmouth's 
letter to the governors, March 3, urging acceptance of the proposition, is in 
Force, op. cit., Fourth Series, II., 27, 28. 

That it is the opinion of this Committee, that when the Gov- 
ernour. Council, and Assembly, or General Court, of any of his 
Majesty's Provinces or Colonies in Afnerica, shall propose to 
make provision, according to the condition, circumstances, and 



368 NEW ENGLAND RESTRAINING ACT [March 30. 

situation of such Province or Colony, for contributing their pro- 
portion to the common defence, (such proportion to be raised 
under the authority of the General Court, or General Assembly, 
of such Province or Colony, and disposable by Parliament,) and 
shall engage to make provision also for the support of the Civil 
Government, and the Administration of Justice, in such Province 
or Colony, it will be proper, if such proposal shall be approved 
by his Majesty and the two Houses of Parliament, and for so 
long as such provision shall be made accordingly, to forbear, in 
respect of such Province or Colony, to levy any Duty, Tax, or 
Assessment, or to impose any farther Duty, Tax, or Assessment, 
except only such Duties as it may be expedient to continue to 
levy or to impose for the regulation of commerce; the nett produce 
of the Duties last mentioned to be carried to the account of such 
Province or Colony respectively. 



No. 75. New England Restraining Act 

March 30, 1775 

The petition to the King, adopted by the first Continental Congress Oct. 
26, 1774, was laid before Parliament Jan. 19, 1775, accompanied by volumi- 
nous papers relating to affairs in America. February i a provisional bill, 
presented to the House of Lords by the Earl of Chatham, and designed to 
settle the difficulties in the colonies while " asserting the supreme legislative 
authority and superintending power of Great Britain," was rejected. An address 
to the King, assuring him of support at all hazards in measures to put down 
rebellion, was agreed to, notwithstanding the protest of eighteen members of 
the Lords, who pronounced the address a virtual declaration of war. Febru- 
ary 10, in the Commons, Lord North, asserting that " as the Americans had 
refused to trade with Great Britain, it was but just that they be not suffered 
to trade with any other nation," moved for leave to bring in a bill to restrain 
the trade and commerce of the New England colonies to Great Britain, Ireland, 
and the West Indies. By a vote of 261 to 85, the motion was carried. The 
bill was presented on the 17th, had its second reading on the 24th, and March 
8 passed without a division. The bill had its second reading in the Lords 
March 16, and passed that house on the 21st, by a vote of 73 to 21, with an 
amendment, agreed to by a vote of 52 to 21, including New Jersey, Pennsyl- 
vania, Maryland, Virginia, and South Carolina within the scope of the act. 
Sixteen Lords entered a protest. against the bill. The Commons, who already 
had before them a bill restraining the trade of the southern colonies, rejected 
the amendment, and the bill passed without it. March 30 the act received 



1775] NEW ENGLAND RESTRAINING ACT 369 

the royal assent. The bill to restrain the trade of the other colonies became 
law in April. Both acts were repealed by the act of December 22, 1775 [No. 
80], prohibiting all trade and intercourse with America. 

References. — Text in Pickering's Statutes at Large, XXXI., 4-1 1. The 
act is cited as 15 Geo. III., c. 10. For the proceedings in Parliament, see 
the Parliamentary History, XVIII., or Force's American Archives, Fourth 
Series, I., 1621-1716; cf. also the Annual Register (1775). 

An act' to restrain the trade and conunerce of the provinces of 
Massachuset's Bay and New Hampshire, and colonies of Con- 
necticut and Rhode Island, a7id Providence Plantation, in 
North America, to Great Britain, Ireland, and the British 
islands in the West Indies; and to prohibit such provinces and 
colonies from carrying on any fishery on the banks of New- 
foundland, or other places therein mentioned, under certain con- 
ditions and limitatio7is. 

[The section begins with a statement of the purport of certain 
of the acts of trade, and continues :] a7id whereas, during the 
continuance of the cotnbinations and disorders, which at this time 
prevail within the provinces ^Massachuset's Bay and New Hamp- 
shire, and the colonies of Connecticut and Rhode Island, to the 
obstruction of the commerce of these kingdoms, and other his 
Majesty's dominions, and in breach and violation of the laws of 
this realm, it is highly unfit that the inhabitants of the said prov- 1 
inces and colonies should enjoy the same privileges of trade, and ' 
the same benefits and advantages to which his Majesty'' s faithfuls 
and obedient subjects are intitled ; be it therefore enacted . . . , 
That from and after the first day of July, one thousand seven 
hundred and seventy-five, and during the continuance of this act, 
no goods, wares, or merchandises, which are particularly enumer- 
ated in, and by the said act made in the twelfth year of king 
Charles the Second, or any other act, being the growth, product, 
or manufacture of the provinces of Massachusef s Bay, or Ne^u 
Hampsliire, or colonies of Connecticut, Rhode Island, or Provi- 
jlence Plantation, in North America, or any or either of them, are 
to be brought to some other British colony, or to Great Britain ; 
or any such enumerated goods, wares, or merchandise, which shall 
at any time or times have been imported or brought into the said 
provinces or colonies, or any or either of them, shall be shipped, 
carried, conveyed, or transported, from any of the said provinces 

2B 



370 NEW ENGLAND RESTRAINING ACT [March 30 

or colonies respectively, to any land, island, territory, dominion, 
port, or place whatsoever, other than to Great Britai?i, or some 
of the British islands in the West Indies, to be laid on shore 
there ; and that no other goods, wares, or merchandises whatso- 
ever, of the growth, product, or manufacture of the provinces or 
colonies herein-before mentioned, or which shall at any time or 
times have been imported or brought into the same, shall, from 
and after the said first day oi July, and during the continuance of 
this act, be shipped, carried, conveyed, or transported, from any 
of the said provinces or colonies respectively, to any other land, 
island, territory, dominion, port, or place whatsoever, except to 
the kingdoms of Great Britain or Ireland, or to some of the 
British islands in the West Indies, to be laid on shore there ; any 
law, custom, or usage, to the contrary notwithstanding. 

[Sections II. and III. relate to the giving of bonds and cer- 
tificates.] 

IV. And it is hereby further enacted . . . , That from and 
after the first day of September, one thousand seven hundred and 
seventy-five, and during the continuance of this act, no sort of 
wines, salt, or any goods or commodities whatsoever, (except 
horses, victual, and linen cloth, the produce and manufacture of ' 
Ireland, imported directly from thence), shall be imported into 
any of the said colonies or provinces herein-before respectively 
mentioned, upon any pretence whatsoever, unless such goods 
shall be bona fide and without fraud laden and shipped in Great 
Britain, and carried directly from thence, upon forfeiture thereof, 
and of the ship or vessel on board which such goods shall be 
laden; and it shall be lawful for any admiral, chief commander, 
or commissioned officer, of his Majesty's fleet, or ships of war, 
or any officer of his Majesty's customs, to seize any ship or vessel 
arriving at any of the said provinces or colonies before-mentioned, 
or which shall be discovered within two leagues of any shore 
thereof, having such goods on board, and the goods laden thereon, 
(except as before excepted), for which the master, or other person 
taking charge of such ship or vessel, shall not produce a cocket 
or clearance from the collector, or proper officer of his Majesty's 
customs, certifying that the said goods were laden on board the 
said ship or vessel, in some port of Great Britain. . . . 

V. Provided always, and it is hereby further enacted . . . , 
That this act, or any thing herein contained, shall not extend, or 



1775] NEW ENGLAND RESTRAINING ACT 37I 

be construed to extend, to prohibit the exportation or carrying 
out from any of the provinces or colonies before mentioned, or 
the importation into the same, of any goods or commodities 
whatsoever for the victualling or providing any of his Majesty's 
ships of war, or other ships or vessels in his Majesty's service, 
or for his Majesty's forces, forts, or garrisons, any thing herein 
contained to the contrary notwithstanding. 

VI. And provided also. That nothing herein contained shall 
extend, or be construed to extend, to hinder or restrain the law- 
ful importation into any or either of the said provinces or colo- 
nies herein-before mentioned, from any of the British islands in 
the West Indies, of any such goods or commodities, being the 
growth or produce thereof, as may now by law be imported from 
thence into the said provinces or colonies, or any or either of 
them. 

VII. And it is hereby further enacted . . . , That if any ship 
or vessel, being the property of the subjects of Great Britain, not 
belonging to and fitted out from Great Britain or Ireland, or 
the islands of Guernsey, Jersey, Sark, Alderney, or Man, shall 
be found, after the twentieth day of Juiy, one thousand seven 
hundred and seventy-five, carrying on any fishery, of what nature 
or kind soever, upon the banks of Newfoundland, the coast of 
Labrador, or within the river or gulf of Saint Lawrence, or upon 
the coast of Cape B?'eton, or Nova Scotia, or any other part of 
the coast of North America, or having on board materials for 
carrying on any such fishery, every such ship or vessel, with her 
guns, ammunition, tackle, apparel, and furniture, together with 
the fish, if any shall be found on board, shall be forfeited, unless 
the master, or other person, having the charge of such ship or 
vessel, do produce to the commander of any of his Majesty's 
ships of war, stationed for the protection and superintendence of 
the British fisheries in America, a certificate, under the hand 
and seal of the governor or commander in chief, of any of the 
colonies or plantations of Quebec, Newfoundland, Saint John, 
Nova Scotia, Neia York, New Jersey, Pensylvania, Maryland, 
Virginia, North Carolina, South Carolina, Georgia, East Florida, 
West Florida, Bahamas, and Bermudas, setting forth, that such 
ship or vessel, expressing her name, and the name of her master, 
and describing her built and burthen, hath fitted and cleared out, 
from some one of the said colonies or plantations, in order to 



3/2 NEW ENGLAND RESTRAINING ACT [March 30 

proceed upon the said fishery, and that she actually and bona fide 
belongs to and is the whole and entire property of his Majesty's 
subjects, inhabitants of the said colony or plantation; which cer- 
tificates such governors, or commanders in chief respectively, are 
hereby authorised and required to grant. 

VIII. And to the end that the foregoing prohibitiojis, restric- 
tions, and regulatiotis, may be 7nore effectually carried into execution, 
it is hereby further enacted . . . , That it shall and may be lawful 
to and for all or any of the commanders of his Majesty's ships 
or vessels of war, stationed and appointed for the regulation and 
protection of the British fishery upon the coasts of North America, 
or to and for the commanders of any other of his Majesty's ships 
or vessels employed at sea, and they and every of them are hereby 
required and enjoined to examine, search, and visit all ships and 
vessels suspected to be carrying on the said fisheries; and to 
seize, arrest, and prosecute, in manner herein-after directed, all 
and every such ships and vessels as shall be found to be carrying 
on the said fisheries, not belonging to and fitted out from Great 
Britain or Ireland, or the islands of Guernsey, Jersey, Alderney, 
Sark, or Man, which shall not have on board the certificate 
herein-before required. 

[Sections IX., X., and XI. provide that this act shall not 
extend to ships clearing from the colonies before June i, for the 
whale fishery only; nor to ships belonging to the island of Nan- 
tucket, cleared for the whale fishery, and having a proper cer- 
tificate; nor to fishing vessels fitted out by the towns of Marshfield 
and Scituate. By Sec. XII., the St. Croix river is declared to 
be, for the purposes of this act, the boundary between Massa- 
chusetts and Nova Scotia.] 

XIII. And whereas it is the intent and meaning of this act, 
that the several prohibitions and restraints herein imposed upon 
the trade and commerce, and fisheries, of the said p?'ovinces and 
colonies should be discontinued and cease, so soon as the trade 
and commerce of his Majesty^ s subjects may be carried on without 
interruption ; be it therefore enacted . . . , That whenever it shall 
be made appear to the satisfaction of his Majesty's governor or 
commander in chief, and the majority of the council, in the 
provinces of New Hampshire and Massachusef s Bay respectively, 
that peace and obedience to the laws shall be so far restored 
within the said provinces, or either of them, that the trade and 



1775] NEW ENGLAND RESTRAINING ACT 373 

commerce of his Majesty's subjects may be carried on without 
interruption within the same; and that goods, wares, and mer- 
chandise, have been freely imported into the said provinces, or 
either of them, from Great Britain, and exposed to sale, without 
any let, hindrance, or molestation, from or by reason of any un- 
lawful combinations to prevent or obstruct the same; and that 
goods, wares, and merchandise, have in like manner been exported 
from the said provinces, or either of them respectively, to Great 
Britain, for and during the term of one calendar month preceed- 
ing; that then, and in such case, it shall and may be lawful for 
the governor or commander in chief, with the advice of the 
council of such provinces respectively, by proclamation, under 
the seal of such respective province, to notify the same to the 
several officers of the customs, and all others; and after such 
proclamation, this act with respect to such province, within which 
such proclamation or proclamations have been issued as afore- 
said, shall be discontinued and cease, (except as herein-after 
provided); and all officers of his Majesty's customs, and all 
other persons having charge of the execution of this act, having 
received due notice of such proclamation, are hereby directed 
and required to yield and pay obedience to such proclamation, 
and to proceed in the discharge of their respective duties, in 
admitting to entry, clearing, and discharging, all ships and ves- 
sels, and all goods, wares, and merchandises, into and out of such 
respective province; and to permit and suffer any ships or vessels 
to carry on the fisheries within the limits herein-before men- 
tioned, in like manner as if this act had never been made; any 
thing herein contained to the contrary notwithstanding. 

[By Sections XIV. and XV., like proclamation may be made 
for Connecticut and Rhode Island, on proof that lawful trade has 
been resumed; but proceedings upon previous seizures are not 
to be thereby discharged.] 

XVI. And it is hereby further enacted . . . , That if any per- 
son or persons shall give or grant any false certificate, cocket, or 
clearance, for any of the purposes required or directed by this 
act, such person or persons shall forfeit the sum of five hundred 
pounds, and be rendered incapable of serving his Majesty, his 
heirs and successors, in any office whatsoever; and if any person 
or persons shall counterfeit, erase, alter, or falsify, any certificate, 
cocket, or clearance, required or directed by this act, or shall 



3^74 DECLARATION OF CAUSES t July 6 

knowingly or willingly make use of any false certificate, cocket, 
or clearance, or of any certificate, cocket, or clearance, so coun- 
terfeited, erased, altered, or falsified, such person or persons 
shall, for every such offence, forfeit the sum of five hundred 
pounds, and such certificate, cocket, or clearance, shall be invalid 
and of no effect. 



No. 76. Declaration of the Causes and 
Necessity of Taking up Arms 

July 6, 1775 

June 23, 1775, John Rutledge of South Carolina, William Livingston of New 
Jersey, Franklin, Jay, and Thomas Johnson of Maryland, were appointed a 
committee " to draw up a declaration, to be published by General Washington, 
upon his arrival at the camp before Boston." The report was brought in the 
next day, and on the 26th, after debate, was recommitted, and Dickinson and 
Jefferson added to the committee. A draft prepared by Jefferson being thought 
by Dickinson too outspoken, the latter prepared a new one, retaining, how- 
ever, the closing paragraphs as drawn by Jefferson. In this form the declara- 
tion was reported June 27, and agreed to July 6. 

References. — Text mjourtials of Congress (ed. 1800), I., 134-139. The 
case for the colonies in 1775 is best stated in John Adams's Novanglus (Works, 
IV., 11-177), in reply to a series of newspaper articles by Daniel Leonard, 
over the signature of Massachusettensis. The two series were printed together 
at Boston in 1819. See also Chamberlain's _/b/?« Adams, the Statesman of the 
Revolution. 

A declarafion by the Representatives of the United Colonies of 
North- America, now met in Co?igress at Philadelphia, setting 
forth the causes and necessity of their taking up arms. 

IF it was possible for men, who exercise their reason to believe, 
that the divine Author of our existence intended a part of the 
human race to hold an absolute property in, and an unbounded 
power over others, marked out by his infinite goodness and wis- 
dom, as the objects of a legal domination never rightfully re- 
sistible, however severe and oppressive, the inhabitants of these 
colonies might at least require from the parliament of Great- 
Britain some evidence, that this dreadful authority over them, 
has been granted to that body. But a reverence for our great 
Creator, principles of humanity, and the dictates of common 



1775] DECLARATION OF CAUSES 375 

sense, must convince all those who reflect upon the subject, that 
government was instituted to promote the welfare of mankind, 
and ought to be administered for the attainment of that end. 
The legislature of Great-Britain, however, stimulated by an inor- 
dinate passion for a power not only unjustifiable, but which they 
kiiow to be peculiarly reprobated by the very constitution of that 
kingdom, and desperate of success in any mode of contest, where 
regard should be had to truth, law, or right, have at length, desert- 
ing those, attempted to effect their cruel and impolitic purpose 
of enslaving these colonies by violence, and have thereby rendered 
it necessary for us to close with their last appeal from reason to 
arms. — Yet, however blinded that assembly may be, by their 
intemperate rage for unlimited domination, so to slight justice 
and the opinion of mankind, we esteem ourselves bound by obli- 
gations of respect to the rest of the world, to make known the 
justice of our cause. 

Our forefathers, inhabitants of the island erf Great-Britain, left 
their native land, to seek on these shores a residence for civil and 
religious freedom. At the expense of their blood, at the hazard 
of their fortunes, without the least charge to the country from 
which they removed, by unceasing labour, and an unconquerable 
spirit, they effected settlements in the distant and inhospitable 
wilds of America, then filled with numerous and warlike nations 
of barbarians. — Societies or governments, vested with perfect 
legislatures, were formed under charters from the crown, and an 
harmonious intercourse was established between the colonies and 
the kingdom from which they derived their origin. The mutual 
benefits of this union became in a short time so extraordinary, as 
to excite astonishment. It is universally confessed, that the 
amazing increase of the wealth, strength, and navigation of the 
realm, arose from this source; and the minister, who so wisely 
and successfully directed the measures of Great- Britain in the 
late war, publicly declared, that these colonies enabled her to 
triumph over her enemies. — Towards the conclusion of that war, 
it pleased our sovereign to make a change in his counsels. — 
From that fatal moment, the affairs of the British empire began 
to fall into confusion, and gradually sliding from the summit of 
glorious prosperity, to which they had been advanced by the vir- 
tues and abilities of one man, are at length distracted by the 
convulsions, that now shake it to its deepest foundations. — The 



376 DECLARATION OF CAUSES [July 6 

new ministry finding the brave foes of Britain, though frequently 
defeated, yet still contending, took up the unfortunate idea of 
granting them a hasty peace, and of then subduing her faithful 
friends. 

These devoted colonies were judged to be in such a state, as 
to present victories without bloodshed, and all the easy emolu- 
ments of statuteable plunder. — The uninterrupted tenor of their 
peaceable and respectful behaviour from the beginning of colo- 
nization, their dutiful, zealous, and useful services during the 
war, though so recently and amply acknowledged in the most 
honourable manner by his majesty, by the late king, and by par- 
liament, could not save them from the meditated innovations. — 
Parliament was influenced to adopt the pernicious project, and 
assuming a new power over them, have in the course of eleven 
years, given such decisive specimens of the spirit and conse- 
quences attending this power, as to Iqave no doubt concerning 
the effects of acquiescence under it. They have undertaken to 
give and grant our money without our consent, though we have 
ever exercised an exclusive right to dispose of our own property; 
statutes have been passed for extending the jurisdiction of courts 
"^ of admiralty and vice-admiralty beyond their ancient limits; for 
depriving us of the accustomed and inestimable privilege of trial 
by jury, in cases affecting both life and property; for suspending 
the legislature of one of the colonies; for interdicting all com- 
merce to the capital of another; and for altering fundamentally 
the form of government established by charter, and secured by 
acts of its own legislature solemnly confirmed by the crown; for 
exempting the "murderers" of colonists from legal trial, and in 
effect, from punishment; for erecting in a neighbouring province, 
acquired by the joint arms of Great-Britain and America, a des- 
"^ potism dangerous to our very existence; and for quartering sol- 
\/''' diers upon the colonists in time of profound peace. It has also 
been resolved in parliament, that colonists charged with com- 
mitting certain offences, shall be transported to England to be 
tried. 

But why should we enumerate our injuries in detail? By one 
statute it is declared, that parliament can "of right make laws to 
bind us in all cases whatsoever." What is to defend us against 
so enormous, so unlimited a power? Not a single man of those 
who assume it, is chosen by us; or is subject to our controul or 



1775] DECLARATION OF CAUSES 377 

influence; but, on the contrary, they are all of them exempt from 
the operation of such laws, and an American revenue, if not di- 
verted from the ostensible purposes for which it is raised, would 
actually lighten their own burdens in proportion, as they increase 
ours. We saw the misery to which such despotism would reduce 
us./^We for ten years incessantly and ineffectually besieged the 
throne as supplicants; we reasoned, we remonstrated with parlia- 
ment, in the most mild and decenj^ language. 

Administration sensible that welshould regard these oppressive 
measures as freemen ought to do, sent over fleets and armies to 
enforce them. The indignation of the Americans was roused, it 
is true; but it was the indignation of a virtuous, loyal, and affec- 
tionate people. A Congress of delegates from the United 
Colonies was assembled at Philadelphia, on the fifth day of last 
September. We resolved again to offer an humble and dutiful 
petition to the king, and also addressed our fellow-subjects of 
Great-Britain. We have pursued every temperate, every respect- 
ful measure : we have even proceeded to break off our commer- 
cial intercourse with our fellow-subjects, as the last peaceable 
admonition, that our attachment to no nation upon earth should 
supplant our attachment to liberty. — This, we flattered ourselves, 
was the ultimate step of the controversy : but subsequent events 
have shev^n, how vain was this hope of finding moderation in our 
enemies. 

Several threatening expressions against the colonies were in- 
serted in his majesty's speech; our petition, tho' we were told it 
was a decent one, and that his majesty had been pleased to 
receive it graciously, and to promise laying it before his parlia- 
ment, was huddled into both houses among a bundle of American 
papers, and there neglected. The lords and commons in their 
address, in the month of February, said, that "a. rebellion at 
that time actually existed within the province of Massachusetts- 
Bay; and that those concerned in it, had been countenanced and 
encouraged by unlawful combinations and engagements, entered 
into by his majesty's subjects in several of the other colonies; 
and therefore they besought his majesty, that he would take the 
most effectual measures to inforce due obedience to the laws and 
authority of the supreme legislature." — Soon after, the commer- 
cial intercourse of whole colonies, with foreign countries, and 
with each other, was cut off by an act of parliament; by another 



37S DECLARATION OF CAUSES [July 6 

several of them were intirely prohibited from the fisheries in the 
seas near their co[«]sts, on which they always depended for their 
sustenance; and large reinforcements of ships and troops were 
immediately sent over to general Gage. 

Fruitless were all the entreaties, arguments, and eloquence of 
an illustrious band of the most distinguished peers, and com- 
moners, who nobly and stren[//;]ously asserted the justice of our 
cause, to stay, or even to mitigate the heedless fury with which 
these accumulated and unexampled outrages were hurried on. — 
Equally fruitless was the interference of the city of London, of 
Bristol, and many other respectable towns in our favour. Parlia- 
ment adopted an insidious manoeuvre calculated to divide us, to 
establish a perpetual auction of taxations where colony should 
bid against colony, all of them uninformed what ransom would 
redeem their lives j and thus to extort from us, at the point of 
the bayonet, the unknown sums that should be sufficient to gratify, 
if possible to gratify, ministerial rapacity, with the miserable 
indulgence left to us of raising, in our own mode, the prescribed 
tribute. What terms more rigid and humiliating could have been 
dictated by remorseless victors to conquered enemies? in our 
circumstances to accept them, would be to deserve them. 
K, Soon after the intelligence of these proceedings arrived on this 
continent, general Gage, who in the course of the last year had 
taken possession of the town of Boston, in the province of Mas- 
sachusetts-Bay, and still occupied it is las'] a garrison, on the 
19th day of April, sent out from that place a large detachment of 
his army, who made an unprovoked assault on the inhabitants of 
the said province, at the town of Lexington, as appears by the 
affidavits of a great number of persons, some of whom were 
officers and soldiers of that detachment, murdered eight of the 
inhabitants, and wounded many others. From thence the troops 
proceeded in warlike array to the town of Concord, where they 
set upon another party of the inhabitants of the same province, 
killing several and wounding more, until compelled to retreat by 
the country people suddenly assembled to repel this cruel aggres- 
sion. Hostilities, thus commenced by the British troops, have 
been since prosecuted by them without regard to faith or reputa- 
tion. — The inhabitants of Boston being confined within that 
town by the general their governor, and having, in order to pro- 
cure their dismission, entered into a treaty with him, it was 



1775] DECLARATION OF CAUSES 379 

stipulated that the said inhabitants having deposited their arms 
with their own magistrates, should have liberty to depart, taking 
with them their other effects. They accordingly delivered up their 
arms, but in open violation of honour, in defiance of the obliga- 
tion of treaties, which even savage nations esteemed sacred, the 
governor ordered the arms deposited as aforesaid, that they might 
be preserved for their owners, to be seized by a body of soldiers; 
detained the greatest part of the inhabitants in the town, and 
compelled the few who were permitted to retire, to leave their 
most valuable effects behind. 

By this perfidy wives are separated from their husbands, chil- 
dren from their parents, the aged and the sick from their rela- 
tions and friends, who wish to attend and comfort them; and 
those who have been used to live in plenty and even elegance, 
are reduced to deplorable distress, 

/The general, further emulating his ministerial masters, by a 
proclamation bearing date on the 12th day of June, after venting 
the grossest falsehoods and calumnies against the good people of 
these colonies, proceeds to "declare them all, either by name or 
description, to be rebels and traitors, to supersede the course of 
the common law, and instead thereof to publish and order the i 
use and exercise of the law martial." — His troops have butch- tr* 
ered our countrymen, have wantonly burnt Charlestown, besides t 
a considerable number of houses in other places; our ships and ' 
vessels are seized; the necessary supplies of provisions are inter- 
cepted, and he is exerting his utmost power to spread destruction 
and devastation around him. 

We have received certain intelligence, that general Carelton 
\^Carleton\ the governor of Canada, is instigating the people of 
that province and the Indians to fall upon us; and we have but 
too much reason to apprehend, that schemes have been formed 
to excite domestic enemies against us. In brief, a part of these 
colonies now feel, and all of them are sure of feeling, as far as 
the vengeance of administration can inflict them, the compli- 
cated calamities of fire, sword, and famine./ We* are reduced 
to the alternative of chusing an unconditional submission to the^ 
tyranny of irritated ministers, or resistance by force. — The latter 
is our choice. — We have counted the cost of this contest, and 
find nothing so dreadful as voluntary slavery. — Honour, justice, 
* From this point the declaration follows Jefferson's draft. 



38o DECLARATION OF CAUSES [July 6 

and humanity, forbid us tamely to surrender that freedom which 
we received from our gallant ancestors, and which our innocent 
posterity have a right to receive from us. We cannot endure the 
infamy and guilt of resigning succeeding generations to that 
wretchedness which inevitably awaits them, if we basely entail 
hereditary bondage upon them. 

Our cause is just. Our union is perfect. Our internal re- 
sources are great, and, if necessary, foreign assistance is undoubt- 
edly attainable. — We gratefully acknowledge, as signal instances 
of the Divine favour towards us, that his Providence would not 
permit us to be called into this severe controversy, until we were 
grown up to our present strength, had been previously exercised 
in warlike operation, and possessed of the means of defending 
ourselves. With hearts fortified with these animating reflections, 
we most solemnly, before God and the world, declare, that, exert- 
ing the utmost energy of those powers, which our beneficent 
Creator hath graciously bestowed upon us, the arms we have been ■ 
compelled by our enemies to assume, we will, in defiance of 
■ every hazard, with unabating firmness and perseverence, employ 
for the preservation of our liberties; being with one mind re- 
solved to die freemen rather then to live slaves. 

Lest this declaration should disquiet the minds of our friends 
and fellow-subjects in any part of the empire, we assure them 
that we mean not to dissolve that union which has so long and so 
happily subsisted between us, and which we sincerely wish to see 
restored. — Necessity has not yet driven us into that desperate 
measure^ or induced us to excite any other nation to war against 
them. -7^ We have not raised armies with ambitious designs of 
separating from Great-Britain, and establishing independent 
states. We fight not for glory or for conquest/ We exhibit to 
mankind the remarkable spectacle of a people attacked by unpro- 
voked enemies, without any imputation or even suspicion of 
offence. They boast of their privileges and civilization, and yet 
proffer no milder conditions than servitude or death. 
\jj In our own native land, in defence of the freedom that is our 
/|' birth-right, and which we ever enjoyed till the late violation of 
// it — for the protection of our property, acquired solely by the 
Ij honest industry of our fore-fathers and ourselves, against violence 
y\ actually offered, we have taken up arms. We shall lay them 
I > down when hostilities shall cease on the part of the aggressorsj 



1775] PETITION TO THE KING 38 1 

and all danger of their being renewed 'shall be removed, and not j! 
before. 

With an humble confidence in the mercies of the supreme and 
impartial Judge and Ruler of the Universe, we most devoutly 
implore his divine goodness to protect us happily through this 
great conflict, to dispose our adversaries to reconciliation on 
reasonable terms, and thereby to relieve the empire from the 
calamities of civil war. 



No. 77. Petition to the King 

July 8, 1775 

The party in Congress which still hoped for reconciliation succeeded, June 
3, 1775, in passing a resolution for the appointment of a committee to prepare 
a petition to the King; and Dickinson, Johnson, John Rutledge, Jay, and 
Franklin were chosen by ballot as the members of the committee. The 
petition, drafted by Dickinson, was reported June 19, taken up for considera- 
tion July 4, and the following day agreed to. On the 8th the engrossed copy 
was signed by the members present. The petition, together with other ad- 
dresses adopted by the Congress, was entrusted to Richard Penn, to be carried 
to England and laid before the King. 

References. — Text va. Journals of Congress (ed. 1800), I., 139-142. 

To the king^s most excellent majesty : 
MOST GRACIOUS SOVEREIGN, 

We, your majesty's faithful subjects of the colonies of New- 
Hampshire, Massachusetts-Bay, Rhode-Island and Providence 
Plantations, Connecticut, New- York, New-Jersey, Pennsylvania, 
the counties of Newcastle, Kent, and Sussex on Delaware, Mary- 
land, Virginia, North-Carolina, and South-Carolina, in behalf of 
ourselves, and the inhabitants of these colonies, who have deputed 
us to represent them in general Congress, entreat your majesty's 
gracious attention to this our humble petition. 

The union between our mother country and these colonies, and 
the energy of mild and just government, produced benefits so 
remarkably important, and afforded such an assurance of their 
permanency and encrease, that the wonder and envy of other 
nations were excited, while they beheld Great-Britain rising to a 
power the most extraordinary the world had ever known. 



382 PETITION TO THE KING [July 8 

Her rivals, observing that there was no probability of this 
happy connexion being broken by civil dissensions, and appre- 
hending its future effects, if left any longer undisturbed, resolved 
to prevent her receiving such continual and formidable accessions 
of wealth and strength, by checking the growth of those settle- 
ments from which they were to be derived. 

In the prosecution of this attempt,' events so unfavourable to 
the design took place, that every friend to the interest of Great- 
Britain and these colonies, entertained pleasing and reasonable 
expectations of seeing an additional force and exertion immedi- 
ately given to the operations of the union hitherto experienced, 
by an enlargement of the dominions of the crown, and the 
removal of ancient and warlike enemies to a greater distance. 

At the conclusion, therefore, of the late war, the most glorious 
and advantageous that ever had been carried on by British arms, 
your loyal colonists having contributed to its success, by such 
repeated and strenuous exertions, as frequently procured them 
the distinguished approbation of your majesty, of the late king, 
and of parliament, doubted not but that they should be permitted, 
with the rest of the empire, to share in the blessings of peace, 
and the emoluments of victory and conquest. 

While these recent and honorable acknowledgments of their 
merits remained on record in the journals and acts of that august 
legislature, the parliament, undefaced by the imputation or even 
the suspicion of any offence, they were alarmed by a new system 
of statutes and regulations adopted for the administration of the 
colonies, that filled their minds with the most painful fears and 
jealousies; and, to their inexpressible astonishment, perceived 
the danger of a foreign quarrel quickly succeeded by domestic 
danger, in their judgment, of a more dreadful kind. 

Nor were these anxieties alleviated by any tendency in this 
system to promote the welfare of their mother country. For 
though its effects were more immediately felt by them, yet its 
influence appeared to be injurious to the commerce and prosperity 
of Great-Britain. 

We shall decline the ungrateful task of describing the irksome 
variety of artifices, practised by many of your majesty's ministers, 
the delusive pretences, fruitless terrors, and unavailing severities, 
that have, from time to time, been dealt out by them, in their 
attempts to execute this impolitic plan, or of tracing, through a 



1775] PETITION TO THE KING 383 

series of years past, the progress of the unhappy differences 
between Great-Britain and these colonies, that have flowed from 
this fatal source. 

Your majesty's ministers, persevering in their measures, and 
proceeding to open hostilities for enforcing them, have compelled 
us to arm in our own defence, and have engaged us in a contro- 
versy so peculiarly abhorrent to the affections of your still faithful 
colonists, that when we consider whom we must oppose in this 
contest, and if it continues, what may be the consequences, our 
own particular misfortunes are accounted by us only as parts of 
our distress. 

Knowing to what violent resentments, and incurable animosi- 
ties, civil discords are apt to exasperate and inflame the con- 
tending parties, we think ourselves required by indispensable 
obligations to Almighty God, to your majesty, to our fellow-sub- 
jects, and to ourselves, immediately to use all the means in our 
power, not incompatible with our safety, for stopping the further 
effusion of blood, and for averting the impending calamities that 
threaten the British empire. 

Thus called upon to address your majesty on affairs of such 
moment to America, and probably to all your dominions, we are 
earnestly desirous of performing this office, with the utmost 
deference for your majesty; and we therefore pray, that your 
majesty's royal magnanimity and benevolence may make the 
most favourable constructions of our expressions on so uncommon 
an occasion. Could we represent in tkeir full force, the senti- 
ments that agitate the minds of us your dutiful subjects, we are 
persuaded your majesty would ascribe any seeming deviation from 
reverence in our language, and even in our conduct, not to any 
reprehensible intention, but to the impossibility of reconciling 
the usual appearances of respect, with a just attention to our own 
preservation against those artful and cruel enemies, who abuse 
your royal confidence and authority, for the purpose of effecting 
our destruction. 

Attached to your majesty's person, family, and government 
with all devotion that principle and affection can inspire, con- 
nected with Great-Britain by the strongest ties that can unite 
societies, and deploring every event that tends in any degree to 
weaken them, we solemnly assure your majesty, that we not only 
most ardently desire the former harmony between her and these 



i^ 



384 PETITION TO THE KING [July 8 

colonies may be restored, but that a concord may be established 
between them upon so firm a basis as to perpetuate its blessings, 
uninterrupted by any future dissensions, to succeeding genera- 
tions in both countries, and to transmit your majesty's name to 
posterity, adorned with that signal and lasting glory, that has 
attended the memory of those illustrious personages, whose vir- 
tues and abilities have extricated states from dangerous convul- 
sions, and, by securing happiness to others, have erected the 
most noble and durable monuments to their own fame. 

We beg leave farther to assure your majesty, that notwithstand- 
ing the sufferings of your loyal colonists, during the course of 
this present controversy, our breasts retain too tender a regard 
for the kingdom from which we derive our origin, to request such 
a reconciliation as might in any manner be inconsistent with her 
dignity or her welfare. These, related as we are to her, honour 
and duty, as well as inclination, induce us to support and advance; 
and the apprehensions that now oppress our hearts with unspeak- 
able grief, being once removed, your majesty will find your 
faithful subjects on this continent ready and willing at all times, 
as they have ever been, with their lives and fortunes, to assert 
and maintain the rights and interests of your majesty, and of our 
mother country. 

We, therefore, beseech your majesty, that your royal authority 
and influence may be graciously interposed to procure us relief 
from our afflicting fears and jealousies, occasioned by the system 
before mentioned, and to settle peace through every part of your 
dominions, with all humility submittifig to your majesty's wise 
consideration whether it may not be expedient for facilitating 
those important purposes, that your majesty be pleased to direct 
some mode, by which the united applications of your faithful 
colonists to the throne, in pursuance of their common councils, 
may be improved into a happy and permanent reconciliation; 
and that, in the mean time, measures may be taken for prevent- 
ing the further destruction of the lives of your majesty's subjects; 
and that such statutes as more immediately distress any of your 
majesty's colonies may be repealed. 

For by such arrangements as your majesty's wisdom can form, 
for collecting the united sense of your American people, we are 
convinced your majesty would receive such satisfactory proofs of 
the disposition of the colonists towards their sovereign and parent 



1775] REPORT ON LORD NORTH'S RESOLUTION 385 

State, that the wished for opportunity would soon be restored 
to them, of evincing the sincerity of their professions, by every 
testimony of devotion becoming the most dutiful subjects and 
the most affectionate colonists. 

That your majesty may enjoy a long and prosperous reign, and 
that your descendants may govern your dominions with honour 
to themselves and happiness to their subjects, is our sincere prayer. 



No. 78. Report on Lord North's Conciliatory 
Resolution 

July 31, 1775 

Lord North's offer of conciliation came before the Continental Congress 
May 26, 1775, in the form of a communication from the assembly of New- 
Jersey ; it was also transmitted later by the assemblies of Pennsylvania and 
Virginia. A memorandum from Lord North, written by Grey Cooper, under- 
secretary of the treasury, urging acceptance of the proffered terms, was sub- 
mitted May 30. July 22, the declaration of causes and other papers having 
been disposed of, Franklin, Jefferson, John Adams, and Richard Henry Lee 
were appointed a committee to consider and report on the resolution. The 
report, drawn by Jefferson on the lines of a report of the Virginia House of 
Burgesses, June 10, on the same resolution, was brought in July 25, and, on the 
31st, agreed to. 

References. — Text va. Journals oj Congress (ed. 1800), I., 175-178. The 
Virginia report is in Force's American Archives, Fourth Series, XL, 1200-1202. 

[The report recites the resolution of Lord North, and con- 
tinues:] 

The Congress took the said resolution into consideration, and 
are, thereupon, of opinion. 

That the colonies of America are entitled to the sole and exclu- 
sive privilege of giving and granting their own money: that this 
involves a right of deliberating whether they will make any gift 
for what purposes it shall be made, and what shall be its amount; 
and that it is a high breach of this privilege for any body of men, 
extraneous to their constitutions, to prescribe the purposes for 
which money shall be levied on them, to take to themselves the 
authority of judging of their conditions, circumstances and situa- 

2C 



386 REPORT ON LORD NORTH'S RESOLUTION [July 31 

tions, and of determining the amount of the contribution to be 
levied. 

That as the colonies possess a right of appropriating their gifts, 
so are they entitled at all times to enquire into their application, 
to see that they be not wasted among the venal and corrupt for 
the purpose of undermining the civil rights of the givers, nor yet 
be diverted to the support of standing armies, inconsistent with 
their freedom and subversive of their quiet. To propose, there- 
fore, as this resolution does, that the monies given by the colo- 
nies shall be subject to the disposal of parliament alone, is to 
propose that they shall relinquish this right of enquiry, and put 
it in the power of others to render their gifts ruinous, in propor- 
tion as they are liberal. 

That this privilege of giving or of withholding our monies, is 
an important barrier against the undue exertion of prerogative, 
which, if left altogether without controul, may be exercised to our 
great oppression; and all history shows how efficacious is its 
intercessions for redress of grievances and re-establishment of 
rights, and how improvident it would be to part with so powerful 
a mediator. 

We are of opinion that the proposition contained in this reso- 
lution is unreasonable and insidious: Unreasonable, because, 
if we declare we accede to it, we declare, without reservation, 
we will purchace the favour of parliament, not knowing at the 
same time at what price they will please to estimate their favour; 
it is insidious, because, individual colonies, having bid and 
bidden again, till they find the avidity of the seller too great for 
all their powers to satisfy; are then to return into opposition, 
divided from their sister colonies whom the minister will have 
previously detached by a grant of easier terms, or by an artful 
procrastination of a definitive answer. 

That the suspension of the exercise of their pretended power 
of taxation being expressly made commensurate with the con- 
tinuance of our gifts, these must be perpetual to make that so. 
Whereas no experience has shewn that a gift of perpetual revenue 
secures a perpetual return of duty or of kind disposition. On 
the contrary, the parliament itself, wisely attentive to this obser- 
vation, are in the established practice of granting their supplies 
from year to year only. 

Desirous and determined, as we are, to consider, in the most 



17751 REPORT ON LORD NORTH'S RESOLUTION 387 

dispassionate view, every seeming advance towards a reconcilia- 
tion made by the British parliament, let our brethren of Britain 
reflect, what would have been the sacrifice to men of free spirits, 
had even fair terms been proffered, as these insidious proposals 
were with circumstances of insult and defiance. A proposition 
to give our money, accompanied with large fleets and armies, ; 
seems addressed to our fears rather than to our freedom. With 
what patience would Britons have received articles of treaty from 
any power on earth when borne on the point of the bayonet by 
military plenipotentiaries? 

We think the attempt unnecessary to raise upon us by force or 
by threats our proportional contributions to the common defence, 
when all know, and themselves acknowledge, we have fully con- 
tributed, whenever called upon to do so in the character of 
freemen. 

We are of opinion it is not just that the colonies should be 
required to oblige themselves to other contributions, while Great- 
Britain possesses a monopoly of their trade. This of itself lays 
them under heavy contribution. To demand, therefore, addi- 
tional aids in the form of a tax, is to demand the double of their 
equal proportion : if we are to contribute equally with the other 
parts of the empire, let us equally with them enjoy free commerce 
with the whole world. But while the restrictions on our trade 
shut to us the resources of wealth, is it just we should bear all 
other burthens equally with those to whom every resource is open? 

We conceive that the British parliament has no right to inter- 
meddle with our provisions for the support of civil government, 
or administration of justice. The provisions we have made, are 
such as please ourselves, and are agreeable to our own circum- 
stances: They answer the substantial purposes of government 
and of justice, and other purposes than these should not be 
answered. We do not mean that our people shall be burthened 
with oppressive taxes, to provide sinecures for the idle or the 
wicked, under colour of providing for a civil list. While parlia- 
ment pursue their plan of civil government within their own 
jurisdiction, we also hope to pursue ours without molestation. 

We are of opinion the proposition is altogether unsatisfactory,^ 
because it imports only a suspension of the mode, not a renuncia- ' 
tion of the pretended right to tax us : because, too, it does not 
propose to repeal the several acts of parliament passed for the 



388 REPORT ON LORD NORTH'S RESOLUTION [July 31 

purposes of restraining the trade, and altering the form of gov- 
ernment of one of our colonies : extending the boundaries and 
changing the government of Quebec; enlarging the jurisdiction 
of the courts of admiralty and vice-admiralty; taking from us the 
rights of trial by a jury of the vicinage, in cases affecting both 
life and property; transporting us into other countries to be tried 
for criminal offences; exempting, by mock-trial, the murderers 
of colonists from punishment; and quartering soldiers on us in 
times of profound peace. Nor do they renounce the power of 
suspending our own legislatures, and for [<?/] legislating for us 
themselves in all cases whatsoever. On the contrary, to shew 
they mean to [no] discontinuance of injury, they pass acts, at 
the very time of holding out this proposition, for restraining the 
commerce and fisheries of the provinces of New- England, and 
for interdicting the trade of other colonies with all foreign nations, 
and with each other. This proves, unequivocally, they mean not 
to relinquish the exercise of indiscriminate legislation over us. 

Upon the whole, this proposition seems to have been held up 
to the world, to deceive it into a belief that there was nothing in 
dispute between us but the mode of levying taxes; and that the 
parliament having now been so good as to give up this, the colo- 
nies are unreasonable if not perfectly satisfied: Whereas, in 
truth, our adversaries still claim a right of demanding ad libitum, 
and of taxing us themselves to the full amount of their demand, 
if we do comply with it. This leaves us without any thing we 
can call property. But, what is of more importance, and what 
in this proposal they keep out of sight, as if no such point was 
now in contest between us, they claim a right to alter our charters 
and establish laws, and leave us without any security for our lives 
and liberties. The proposition seems also to have been calculated 
more particularly to lull into fatal security, our well-affected 
fellow-subjects on the other side the water, till time should be 
given for the operation of those arms, which a British minister 
pronounced would instantaneously reduce the "cowardly" sons 
of America to unreserved submission. But, when the world 
reflects, how inadequate to justice are these vaunted terms; when 
it attends to the rapid and bold succession of injuries, Avhich, 
during the course of eleven years, have been aimed at these 
colonies; when it reviews the pacific and respectful expostula- 
tions, which, during that whole time, were the sole arms we 



1775] PROHIBITORY ACT 391 

subjects, to use their utmost endeavours to withstand and suppress 
such rebellion, and to disclose and make known all treasons and 
traitorous conspiracies which they shall know to be against us, 
our crown and dignity; and for that purpose, that they transmit 
to one of our principal Secretaries of State, or other proper offi- 
cer, due and full information of all persons who shall be found 
carrying on correspondence with, or in any manner or degree 
aiding or abetting the persons now in open arms and rebellion 
against our Government, within any of our Colonies and Planta- 
tions in North America, in order to bring to condign punishment 
the authors, perpetrators, and abetters of such traitorous designs. 
Given at our Court at St. James's the twenty-third day of 
August, one thousand seven hundred and seventy-five, in the 
fifteenth year of our reign. 

God save the King. 



No. 80. Act Prohibiting Trade and Inter- 
course with America 

December 22, 1775 

Parliament met October 26, 1775. November 7, the "olive branch" 
petition was laid before the Lords, and on the following day Richard Penn 
was examined at the bar of that House ; but a motion declaring that the 
petition afforded ground for reconciliation was rejected by a vote of 83 to 33. 
On the 1 6th, a second proposal for conciliation, submitted by Burke, was 
rejected by the Commons, the vote being 105 to 210. On the 20th, Lord 
North brought in a bill to interdict all trade and intercourse with America. 
The bill had its second reading December i, and on the nth, by a vote of 
112 to 16, passed the Commons. There was again strong opposition in the 
Lords; but the second reading was ordered on the 15th, and on the 20th, 
the bill, with amendments, passed. The amendments were accepted by the 
Commons, and December 22 the act received the royal assent. The condition 
of war made the prohibitory sections of the act of little practical importance ; 
but the provisions authorizing the impressment of American seamen were, 
peculiarly revolting to the colonies. The act was repealed in 17S4 (23 Geo. 
III., c. 26). 

References. — Text in Pickering's Statutes at Large, XXXI., 135-154. 
The act is cited as 16 Geo. III., c. 5. The debates in Parliament are in the 
Parliamentary History, XVIII.; with this compare the account in the Annual 
Register (1776). 



392 PROHIBITORY ACT [Dec. 22 

An act to prohibit all trade and intercourse with the colonies of 
New Hampshire, Massachuset's Bay, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, the three lower counties 
on Delaware, Maryland, Virginia, North Carolina, South Caro- 
lina, and Georgia, during the continuance of the present rebellion 
within the said colonies respectively ; for repealing an act, made 
in the fourteenth year of the reign of his present Majesty, to 
discontinue the landing and discharging, lading or shipping, 
of goods, wares, and merchandize, at the town and within 
the harbour of Boston, in the province of Massachusetts Bay; 
and also two acts, made in the last session of parliament, for 
restraining the trade and commerce of the colonies in the said 
acts respectively mentioned ; and to enable any person or persons 
appointed and authorized by his Majesty to grant pardons, to 
issue proclamations, in the cases and for the purposes therein 
mentioned. 

WHEREAS many persons in the colonies of New Hampshire, 
Massachuset's Bay, Rhode Island, Connecticut, New York, New 
Jersey, Pennsylvania, the three lower counties on Delaware, Mary- 
land, Virginia, North Carolina, South Carolina, and Georgia, have 
set themselves in open rebellion and defiance to the just and legal 
authority of the king and parliament of Great Britain, to which 
they ever have beejt, and of right ought to be, subject ; and have 
assembled together an armed force, engaged his Majesty'' s troops, 
and attacked his forts, have usurped the powers of government, and 
prohibited all trade and commerce with this kingdom, and the other 
parts of his Majesty's dominions : for the more speedily and effect- 
ually suppressing such wicked and daring desigtis, and for prevent- 
ing any aid, supply, or assistance being sent thither during the 
continuance of the said rebellious and treasonable commotions, be 
it therefore declared and enacted . . . , That all manner of trade 
and commerce is and shall be prohibited with the colonies of New 
Hampshire, Massachuset's Bay, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, the three lower counties on 
Delaware, Maryland, Virginia, North Carolina, South Carolina, 
and Georgia; and that all ships and vessels of or belonging to 
the inhabitants of the said colonies, together with their cargoes, 
apparel, and furniture, and all other ships and vessels whatsoever, 
together with their cargoes, apparel, and furniture, which shall be 



1775] PROHIBITORY ACT 393 

found trading in any port or place of the said colonies, or going 
to trade, or coming from trading, in any such port or place, 
shall become forfeited to his Majesty, as if the same were the 
ships and effects of open enemies ; and shall be so adjudged, 
deemed, and taken in all courts of admiralty, and in all other 
courts whatsoever. 

II. Provided always, and it is hereby further enacted and 
declared . . . , That nothing in this act shall extend, or be con- 
strued to extend, to such ships and vessels as shall be actually 
retained or employed in his Majesty's service, or to such ships 
and vessels as shall be laden with provisions for the use of his 
Majesty's fleets, armies, or garrisons, or for the use of the inhabit- 
ants of any town or place garrisoned or possessed by any of his 
Majesty's troops, provided the masters of such ships and vessels 
respectively shall produce a licence in writing, under the hand 
and seal of the lord high admiral of Great Britain for the time 
being, or of three or more commissioners for the time being for 
executing the office of lord high admiral of Great Britain, or of 
the commanders of his Majesty's fleets or armies, or of the gov- 
ernor, lieutenant-governor, or commander in chief of any of his 
Majesty's colonies or provinces not hereinbefore mentioned, 
specifying the voyage in which such ship or vessel shall be em- 
ployed, and expressing the time for which such licence shall 
subsist and be in force, and also expressing the quantity and 
species of the said stores and provisions on board : and if any 
goods, wares, or merchandizes, other than stores and provisions 
for his Majesty's use, or provisions for the use of the inhabitants 
of any town or place garrisoned and possessed by his Majesty's 
troops, shall be found on board such ships or vessels (the neces- 
sary stores for the ship's use, and the baggage of the passengers, 
only excepted) in any or either of those cases, the said goods, 
wares, and merchandizes shall be forfeited, and shall and may be 
seized and prosecuted in the manner hereinafter directed. 

III. Afid,for the encouragement of the officers and seamen of 
his Majesty's ships of war, be it further enacted, That the flag 
officers, captains, commanders, and other commissioned officers 
in his Majesty's pay, and also the seamen, marines, and soldiers 
on board, shall have the sole interest and property of and in all 
and every such ship, vessel, goods, and merchandize, which they 
shall seize and take (being first adjudged lawful prize in any of 



394 PROHIBITORY ACT [Dec. 22 

his Majesty's courts of admiralty) to be divided in such propor- 
tions, and after such manner, as his Majesty shall think fit to 
order and direct by proclamation or proclamations hereafter to 
be issued for those purposes. 

IV. And be it further enacted . . . , That it shall and may be 
lawful to and for the said flag ofificers, captains, and commanders 
respectively, to cause to be taken, or put on board any of his 
Majesty's ships or vessels of war, or on board any other ships or 
vessels, all and every the masters, crews, and other persons, who 
shall be found on board such ship and ships as shall be seized 
and taken as prize as aforesaid; and also to enter the names of 
such of the said mariners and crews upon the book or books of 
his Majesty's said ships or vessels, as they, the said flag officers, 
captains, and commanders, shall respectively think fit; from the 
time and times of which said entries respectively, the said 
mariners and crews shall be considered, and they are hereby 
declared to belong toj and to be gis much in the service of his 
Majesty, to all intents and purposes, as if the said mariners and 
crews had entered themselves voluntarily to serve on board his 
Majesty's said ships and vessels respectively; and also, that it 
shall and may be lawful to and for the said flag officers, captains, 
and commanders respectively, to detain, or cause to be detained 
and kept, the masters and other persons, and also such others of 
the mariners and crews of the said prize-ships as shall not be 
entered upon the books of his Majesty's ships or vessels of war 
as aforesaid, in and on board any ship or ships, vessel or vessels 
whatsoever, until the arrival of such last-mentioned ships or 
vessels in some port in Great Britain or Ireland, or in any port 
of America not in rebellion; and upon the arrival of those ships 
or vessels in any such port, the commanders thereof are hereby 
respectively authorized and required immediately to set the said 
last-mentioned mariners and crews, and also the said masters and 
other persons, at liberty on shore there. 

[Sections V.-XXXIV. relate to procedure, etc., in cases of 
prize. Sections XXXV.-XL. exempt from the operation of the 
act, under certain conditions, vessels sailing from the West Indies 
for Great Britain on or before March i, 1776; vessels sailing 
from Great Britain to the West Indies, from any of the colonies 
for Great Britain or the West Indies, or from any European port 
at which they may lawfully trade, on or before Jan. i, 1776; and 



1775] PROHIBITORY ACT 395 

vessels of Nantucket, engaged in the whale fishery, fitted out 
before Dec. i, 1775.] 

XLI. And whereas, before the passing this act, and since the 
commeficement of the said unnatural rebellion, divers persons, 
vessels, cargoes, and other effects, may have been seized, detained, 
examined, searched, damaged, or destroyed, for the public service, 
in ivithstanding or suppressitig the said rebellion, be it further 
enacted . . . , That all such acts shall be deemed just and legal 
to all intents, constructions, and purposes whatsoever : . . . 

[Section XLII. repeals, after Jan. i, 1776, the Boston Port 
Act, and the two acts restraining the trade of the northern and 
southern colonies.] 

XLIII. And be it further enacted . . . , That this act, so far 
as the same relates to the capture and forfeiture of ships and 
vessels belonging to the inhabitants of the above-mentioned colo- 
nies, shall, except in the cases herein-before mentioned, com- 
mence and be in force from and after the first day of January, 
one thousand seven hundred and seventy six; and so far as the 
same relates to the capture and forfeiture of all other ships and 
vessels that shall be found going to trade in or at any of the said 
colonies, from and after the first day of February, . . . [1776] 
. . . ; and so far as the same relates to the capture and forfeiture 
of all other ships and vessels that shall be found trading in or at 
any of the said colonies, or bound and trading from any port or 
place in the same, from and after the twenty fifth day of March, 
... [1776] ... ; and shall continue to be in force so long as 
the said colonies respectively shall remain in a state of rebellion. 

XLIV. Provided always nevertheless, and it is hereby enacted 
. . . , That in order to encourage all well affected persons in 
any of the said colonies to exert themselves in suppressing the 
rebellion therein, and to afford a speedy protection to those who 
are disposed to return to their duty, it shall and may be lawful 
to and for any person or persons, appointed and authorised by 
his Majesty to grant a pardon or pardons to any number or 
description of persons, by proclamation, in his Majesty's name, 
to declare any colony or province, colonies or provinces, or any 
county, town, port, district, or place, in any colony or province, 
to be at the peace of his Majesty; and from and after the issuing 
of any such proclamation in any of the aforesaid colonies or 
provinces, or if his Majesty shall be graciously pleased to signify 



396 PROHIBITORY ACT [Dec. 22 

the same by his royal proclamation, then, from and after the 
issuing of such proclamation, this act, with respect to such colony 
or province, colonies or provinces, county, town, port, district, 
or place, shall cease, determine, and be utterly void; and if any 
captures shall be made, after the date and issuing of such proc- 
lamations, of any ships or vessels, and their cargoes, belonging 
to the inhabitants of any such colony or province, colonies or 
provinces, county, town, port, district, or place, or of any ships 
trading to or from such colony or province, colonies or provinces 
respectively, the same shall be restored to the owners of such 
ships or vessels, upon claim being entered, and due proof made 
of their property therein, and the captors shall not be liable to 
any action for seizing or detaining the said ships or vessels, or 
their cargoes, without proof being made that they had actual 
notice of such proclamation having been issued. 

XLV. Provided always, That such proclamation or proclama- 
tions shall not discharge or suspend any proceeding upon any 
capture of any such ship or vessel made before the date and 
issuing thereof. 



Ind 



ex 



[Titles in Italics indicate a Text with accompanying Notes 
AND References.] 



Acadia, ceded to England, 231. 

Acadians, deported, 261. 

Act establishing customs commissioners, 
321, 322. 

Act of settlement (Pennsylvania), 200. 

Act of union (Pennsylvania and Dela- 
ware), 200. 

Act prohibiting trade and intercourse 
with America, 391-396. 

Act suspending the New York assembly, 
317-320. 

Adams, Samuel, drafts Massachusetts 
circular letter, 331. 

Administration 0/ justice act, 351-355. 

Aix-la-Chapelle, treaty of, 251-253. 

Albany plan of union, 253-257. 

Andros, Edmund, 116, 205. 

Assistance, writ of, 258-261. 

Association, The, 362-367. 

Atherton company, 126. 

Auchmuty, Robert, 258. 

Augsburg, league of, 222. 

Austrian succession, vi^ar of, 251, 252. 

Avalon, 53. 

Bacon, Sir Francis, 11. 

Barrier fortresses, seized, 229. 

Berkeley and Carteret, grant of New Jer- 
sey to, 139, 140. 

Berkeley, conveyance to Fenwick, 171. 

Bermudas, 17. 

Board of nineteen, 43. 

Body of Liberties, Massachusetts, 72-91. 

Boilan, William, petition of, 337. 

Boston port act, 337-343. 

Boston tea party, 337. 

Braddock, defeat of, 261. 

Bradford, William, on Mayflower com- 
pact, 33. 



Breda, treaty of, 136. 
Byllynge, Edward, claim in New Jersey, 
171. 

Calvert, George, first Lord Baltimore, 53. 

Calvert, Cecil, second Lord Baltimore, 
53 ^eq. 

Carolina, first charter of, 120-125 ; sec- 
ond charter, 148, 149; Fundamental 
Constitutions, 149-168 ; divided, 148. 

Carr, Dabney, 336. 

Carteret, Berkeley atid, grant of New 
Jersey to, 139, 140 ; grant of New Jer- 
sey (Carteret alone), 171. 

Charter of Carolina, first, 120-125; sec- 
ond, 148, 149; of Connecticut, 1 16 -119; 
(7/ G^^/-<^/a, 235-248 ; of Maryland, 53- 
59; of Massachusetts, first, 2n~A'^'y ^^^' 
and, 205-212; explanatory, 233-235; 
of Pennsylvania, 183-190; of privileges 
to patroons, 43-50; of privileges, Penn- 
sylvania, 224-229 ; of Rhode Island and 
Providence Plantations, 125-133; of 
Virginia, first, i-ii; second, 11-16; 
third, 17-23. 

Clarke, John, petition for Rhode Island 
charter, 125. 

Coke, Sir Edward, i. 

Committees of correspondence, 336, 366. 

Concessions and Agreements, of Carolina, 
149 ; of New Jersey, 141- 148 ; of West 
Jersey, 174-183. 

Conciliatory resolution. Lord North's, 367, 
368. 

Connecticut, charter of, 116-119; Funda- 
mental Orders of, 60-65 ; opposition to 
Rhode Island charter, 126 ; state con- 
stitutions, 116. 

Continental congress, declaration and re- 



397 



398 



INDEX 



solves of, 356-361 ; Massachusetts' call 

for, 356. 
Conway, circular letter to governors, 316. 
Cooke, Elisha, 233. 
Cotton, John, draft of Massachusetts 

code, 73. 
Council for New England, patent of, 23- 

33- 
Council of Virginia, 5. 
Coxe, Daniel, and Heath patent, 120. 
Cremer, Thomas, interest in East New 

Jersey, 190. 
Cromwell, Oliver, 92. 
Customs commissioners, act establishing, 

321, 322. 

Davenport, John, 67 seq. 

De Berdt, Dennis, letter of Massachu- 
setts to, 330. 

Declarations and resolves of first conti- 
nental congress, 356-361. 

Declaration of the causes and necessity of 
taki7ig 2ip arms, 374-381. 

Declaratory act, 316, 317. 

Delaware and Pennsylvania frame, 199- 
204. 

Delaware, dispute with Pennsylvania, 
224; state constitution, 224. 

Dickinson, John, in stamp act congress, 
313 ; drafts declaration of causes, 374 ; 
drafts petition to the king, 381. 

Dorchester adventurers, 37. 

Duke of York's laws, 137. 

Dutch West India company, govern- 
ment of, 43. 

East Florida, government of, 267, 268. 
East New Jersey, grant of, 190-192. 
Eaton, Theophilus, 38, 40, 70, 72. 
Edict of Nantes, revocation of, 222. 
Endicott, John, 37, 38, 40. 
Enumerated articles, 133, 169. 
Explanatory charter of Massachusetts, 

233-235- 
Explanatory navigation act, 119, 120. 

Family compact, 261. 

Fenwick, John, claim in New Jersey, 

171. 
First charter of Carolina, 120-125 ; of 

Massachusetts, 2)7~'\'^ '< °f Virginia, 

l-ii. 



First navigation act, iio-iig. 

Fishing, monopoly of, in New England 

patent, 23. 
Fletcher, governor of New York, 217. 
Florida, ceded to England, 266. 
Frame of gover7iment of Pennsylvania, 

192-199. 
Franklin, Benjamin, and Albany plan of 

union, 254 ; examination before House 

of Commons, 316. 
Frederick XL, of Prussia, 252. 
French and Indian war, 261. 
Frontenac's war, 222. 
Fundamental articles of New Haven, 

67-72. 
Fundamental constitutions of Carolina, 

149-168 ; of East New Jersey, 190. 
Fundamental orders of Connecticut, 60-65. 

Gaspee inquiry, 336. 

General warrants, condemned in Eng- 
land, 258. 

Georgia, charter of, 235-248 ; boundaries 
enlarged, 268. 

Gorges, Ferdinando, claim to Maine, 65. 

Gorges, Sir Ferdinando, 23, 24, 26, 65. 

Gorges and Masoit, grant of Maine to, 

36. 37- 

Government of New Haven, 101-104. 

Grand alliance, of 1689, 222; of 1701, 
229. 

Grant of East New Jersey, 190-192 ; of 
Maine, to Gorges and Mason, 36, 37 ; 
of New Hampshire, 50, 51 ; of New 
Jersey, to Berkeley and Carteret, 139, 
140 ; of New Hampshire and Massonia, 
59, 60; of New Jersey, to Carteret, 
171; of province of Maine, 65-67; to 
Duke of York, 136-139. 

Great law, 192. 

Grenada, government of, 268. 

Grenville, favors Townshend's plans, 273. 

Gridley, Jeremiah, 258. 

Hatch, Nathaniel, 261. 

Havana, taken by English, 261 ; restored 

to Spain, 265. 
Heath, Sir Robert, Carolina grant, 120, 

148. 
Henry, Patrick, 316. 
Hillsborough, Lord, on Massachusetts 

circular letter, 331. 



INDEX 



399 



Hudson's Bay, in treaty of Ryswick, 223 ; 

in treaty of Utrecht, 229, 230. 
Hutchinsonian controversy, 67. 

Impressment of Americans, legalized, 
391. 394- 

Jefferson, Thomas, and Virginia resolu- 
tions of 1773, 336; draft of declaration 
of causes, 374 ; drafts report on North's 
resolution, 385. 

Jesuits in Maryland, 104. 

Keith, George, and Quaker schism, 217. 
King, petition to the, 381-385 ; reception, 

389. 
King George's war, 251, 252. 
King William's war, 222. 

Laconia company, 36. 

La Hogue, battle of, 222. 

Land tax, English, reduced, 320. 

League of Augsburg, 222. 

Lechmere, Thomas, 258. 

Lee, Richard Henry, 336. 

Lloyd, David, 224. 

Locke, John, Fundamental constitutions 
of Carolina, 149-168. 

London company, grant to, 3 ; separated 
from Plymouth company, 11. 

Lord North's conciliatory resolution, 367, 
368. 

Lottery in aid of Virginia, 21, 22. 

Louis XIV., of France, claim to Palati- 
nate, 222. 

Louisburg, taken by English, 252 ; re- 
stored to France, 252; retaken by 
English, 261. 

Louisiana, ceded to Spain, 261. 

Maine, grant of, to Gorges and Mason, 
36, 37 ; grant of provi?ice of 65-67. 

Manila, taken by English, 261. 

Manors, in Maryland, 57. 

Maria Theresa, 251, 252. 

Markham, governor of Pennsylvania, 217. 

Marlborough, Duke of, 229. 

Maryland, charter of, 53-59 ; toleration 
act, 104-106. 

Mason, John, grant of Maine to, and 
Gorges, 36, 37 ; grant of New Hamp- 
shire, 51 ; grant of New Hampshire 



and Massonia, 59, 60 ; opinion of attor- 
ney-general on validity of grants, 59. 

Massachusetts, first charter of, 37-42; 
province of Maine, 65, 66; Body of 
Liberties, -jz-gi ; second charter of, 
205-212; explanatory charter of, 233- 
235; call for stamp act congress, 313; 
circular letter, 330-334; Massachu- 
setts government act, 343-350; admin- 
istration of justice act, 351-355; call 
for continental congress, 356, 

Massonia, New Hampshire and, grant of, 
59. 60. 

Mather, Increase, and second Massachu- 
setts charter, 205. 

Alayflower compact, 33, 34. 

Merchant adventurers of London, 51. 

Milford, Conn., controversy with New 
Haven, loi. 

Miquelon, ceded to France, 263. 

Molasses act, 248-251 ; made perpetual, 
with reduced duties, 273. 

Monopolies, opposition to, and New 
England patent, 23. 

Montreal, surrendered to English, 261. 

Moore, governor of New York, 317, 318. 

Mutiny act (1765), 306. 

Namur, battle of, 222. 

Navigation act, of i6§t, 106-110; first, 
110-115; explanatory, 119, 120; second, 
133-136 ; third, 168-170 ; of i6g6, 212- 
217. 

Navigation ordinance, of 1645, 106; of 
1646, 106 ; of 1649, 106. 

New England, patent of council for, 23- 
33; territory divided, 23; cotifedera- 
tion, 94-101 ; restraini?ig act, 368-374. 

Newfoundland, ceded to England, 231. 

New Hampshire, grant of, 50, 51 ; and 
Massonia, grant of, 59, 60 ; writs of 
assistance in, 258 ; recommended to 
form a government, 390. 

A^ew Have?!, fimdamental articles of, 
67-72 ; government of 101-104 ; incor- 
porated with Connecticut, loi ; oppo- 
sition to Connecticut charter, 116. 

A^ew Jersey, grant of, to Berkeley and 
Carteret, 139, 140; Concession and 
Agreement, 141-148 ; grant of, to 
Carteret, 171. 

Newman, Robert, 68, 71, 72. 



400 



INDEX 



New Netherland, trade and settlement 
of, 43 ; surrendered to English, 136. 

New Plymouth, 51. 

New Somersetshire, 65. 

New York assembly, act suspending; 317- 
320. 

Non-consumption agreement, 364. 

Non-importation agreement, 363. 

North, Lord, brings in Boston port bill, 
337 ; bill for administration of justice 
in Massachusetts, 351; conciliatory 
resolution, 367, 368 ; bill to restrain 
New England trade, 368; report of 
continental congress on conciliatory 
resolution, 385-389. 

Nova Scotia, ceded to England, 231, 
262 ; government of, 268. 

Oglethorpe, James Edward, 235, 
Ohve branch petition, 389. 
Ordinance for Virginia, 34-36. 
Otis, James, 258. 

Palatinate, war of the, 222. 

Paris, treaty of 261-266. 

Partition treaty, 229. 

Patent of council for New England, 23- 
33 ; of Providence Plantations, 91-93. 

Patroons, charter of privileges to, 43-50 ; 
charter of 1640, 43. 

Paxton, Charles, 258. 

Penn, William, interest in West New 
Jersey, 174 ; in East New Jersey, 190. 

Pennsylvania, charter of, 183-190 ; frame 
of goverrwient of (1682), 192-199; 
Pennsylvania and Delaware frame, 
199-204; frame of government of 
(1696), 217-222; charter of privileges, 
224-229 ; state constitution, 224. 

P.epperell, Sir William, 252. 

Petition to the King, 381-385. 

Phipps, Sir William, 222. 

Pierce, John, and Plymouth patent, 51. 

Pitt, William, 261. 

Plantation covenant, New Haven, 67. 

Plymouth, delay in joining New England 
confederation, 94, 100. 

Plymouth company, grant to, 4; sepa- 
rated from London company, 11; col- 
ony at Popham, 23. 

Plymouth patent, of i6ig, 51 ; of 1621, 51 ; 
ofi62g-jo, 51-53- 



Pocock, Thomas, interest in East New 

Jersey, 190. 
Popham colony, 23. 
Port Royal, taken by English, 222; 

retaken by French, 223; retaken by 

English, 229; ceded to England, 231. 
Privy council, decides to use force in 

America, 389. 
Proclamation, royal, concerning America, 

T.^yj-Q.'jT. ; of rebellion, 389-391 ; report 

of congress on, 390. 
Providence Plantaiio?is, patent of, 91-93. 
Province of Maine, 23. 
Puritans, in Maryland, 104. 

Quakers, in Maryland, 105; schism in 
Pennsylvania, 217. 

Quartering act, ofij6s, 306-313 ; of 1^74, 
355, 356; violated by New York as- 
sembly, 317, 318. 

Quebec, taken by English, 261 ; govern- 
ment of, 267. 

Quintipartite deed, 171-174. 

Quo warranto, against third Virginia 
charter, 17 ; first Massachusetts charter, 
37 ; Connecticut charter, 116. 

Rebellion, proclamation of, 389-391. 
Report on Lord North's conciliatory reso- 
lution, 385-389. 
Resolutions of the stamp act congress, 

313-315- 

Revenue act, 322-326. 

Rhode Island, excluded from New Eng- 
land confederation, 94; and Provi- 
dence Plantations, charter of, 125-133 ; 
state constitution, 126. 

Royal proclamation concerning America, 

Ruggles, Timothy, 31^3, 314. 

Salem, settlement at, 37. 

Sandwich, Earl of, interest in East New 

Jersey, 190. 
Sandys, Sir Edwin, 11. 
Second charter of Carolina, 148, 149 ; of 

Massachusetts, 205-212; of Virginia, 

11-16. 
Second navigation act, 133-136. 
Seven years' war, 261. 
Shelburne, Earl of, 318. 
Shute, Samuel, governor of Massachu- 



INDEX 



401 



setts, dispute with General Court, 

233- 
Silesia, ceded to Frederick II., 252. 
Slave trade, agreement to discontinue, 

363. 364- 
Somers Islands, 17. 
Somers Islands company, 17. 
Sons of Liberty, 316. 
Spanish succession, war of, 229. 
St. Christopher's, ceded to England, 

231- 
St. Pierre, ceded to France, 263. 
Stamp act, 281-305. 
Stamp act congress, resolutions of the, 

313-315- 
Steinkirk, battle of, 222. 
Sugar act, 273-281 ; duties repealed, 

322. 
Sugar colonies, prosperity of French, 

248. 

Tea act, of lydy, 327 ; of lyjo, 327, 328 ; 

duties, 323, 337. 
Thacher, Oxenbridge, 258. 
The Association, 362-367. 
Third charter of Virginia, 17-23. 
Third navigation act, 168-170. 
Toleration act, Maryland, 104-106. 
Townshend, Charles, plan of colonial 

government, 273. 
Townshend acts, 320, 321. 
Trade and ititercourse with America, act 

prohibiting, 391-396. 
Treaty of Aix-la-Chapelle, 251-253; of 

Paris, •2h\-'2kb ; of Ryswick, 2.2.2,, 223 ; 

of Utrecht, 229-232. 
Trials in England, motion for, 334. 



Union, Albany platt of, 253-257. 
Utrecht, treaty of, 229-232. 

Virginia, first charter of, i-ii; council 
of, 5 ; second charter of, 11-16; incor- 
porators of, under second charter, 12 ; 
third charter, 17-23 ; quo warranto 
against, 17; ordinance for , ■^d^--^b; first 
assembly, 34; declared in rebellion, 
io5; resolutions against stamp act, 
316 ; resolutions ofij6g, 334-336 ; reso- 
lutions ofiyyj, 336, 337. 

Virginia company, protest against New 
England patent, 23 ; against Maryland 
grant, 53. 

Ward, Nathaniel, drafts Massachusetts 

Body of Liberties, 73. 
Warwick, Earl of, Connecticut patent, 

60. 
Washington, George, at Fort Duquesne, 

261. 
West Florida, government of, 268. 
Westminster, treaty of, 137. 
West New Jersey, Concessions and Agree- 

tnents of, 174-183. 
William of Orange, 222. 
Williams, Roger, 91. 
Winthrop, John, on Body of Liberties, 

73- 
Writ of assistance, 258-261 ; use legalized, 
323-326. 

Yeardley, Sir George, 34, 35. 

York, Duke of, grant to, 136-139 ; deeds 
to Penn, 184; release to East New Jer- 
sey proprietors, 190. 



SELECT DOCUMENTS 

Illustrative of the History of the United States 
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